BURGLARY CHARGES

Greymouth Evening Star, 28 July 1941, Page 2

BURGLARY CHARGES

ACCUSED PLEAD GUILTY.

COMMITTED FOR SENTENCE.

Appearing on remand in the. Magistrate’s Court at Greymouth, to-day, before Mr. G. G. Chisholm, S.M., on charges of breaking, entering and theft, the three men who were arrested early last Wednesday morning in the warehouse of E. McDbnnell, Whall Street, pleaded guilty to the charges and were committed to the Supreme Court at Christchurch for sentence. The accused were David John Greaney, 28, married, labourer;' Joseph Hazeldine", 46, married, porter; and Clifford Marsh, 27, single, porter. When originally arraigned, they were jointly charged with being rogues and vagabonds, in that they were found in McDonnell’s warehouse and also jointly charged with breaking, entering and theft at the warehouse of tobacco and a case of whitebait. To-day, Detective Sergeant H. E. Knight, who conducted the prosecution, said he did not propose to offer any evidence on those charges and would proceed with charges which had been substituted. The original informations were dismissed, for want of prosecution, and the accused were charged as follows: All of the accused were charged that, on July 23, at Greymouth, they did break and entei’ the warehouse of Edward McDonnell, in Whall Street and did steal therein 21} lbs. of tinned tobacco, of a value of £l4/15/3, the property of E. McDonnell. Greaney and Hazeldine were also charged that, on July 23, at Greymouth, they did break and enter the warehouse oi Edward McDonnell, Whall Street, and did steal therein one case of tinned whitebait, valued at £7/1/4, the property of E. McDonnell. Mr. E. B. E. Taylor appeared for Greaney and Hazeldine and Mr. C. R. McGinley for Marsh. Outlining the police case, the Detective Sergeant said that the accused were arrested in the warehouse about 2 a.m. on July 23. After an investigation it was found that the property mentioned in the charges was missing. Further investigation proved that Greaney and Hazeldine, before being joined by Marsh, had entered the warehouse and had stolen the whitebait. Later, with Marsh, they stole the tobacco and actually, Greaney and Hazeldine were making their third visit to the warehouse when they were apprehended. Constable O. L. Thomas said that on July 23 at 1.50 a.m. he saw a light flash on the ground near McDonnell’s store and on investigation found a light in the store. Through the window, he .saw someone moving in the store and in consequence to the police station for Constable Smith. On examination they found one door partly open on the Whall Street frontage. The padlock was missing from the door. On entering the building they first came upon Hazeldine. A search was then made and Greaney and Marsh stood up from behind some cases. The three men were arrested and taken to the police station, on the charge of being unlawfully on the premises. They made no explanation for being in the store. They may have had liquor'"but they were definitely not drunk. After placing the men in custody, witness returned to the store and found the padlock from the door (produced) on a case near where the men were found. Constable A. H. T. Smith corroborated the evidence of the previous witness concerning the discovery of the three accused in the warehouse buildThomas Patrick O’Donnell, a storeman in the employ of E. McDonnell, wholesale and retail merchant, said that the building in Whall Street was used as a bulk warehouse. At 4 p.m. on July 22, witness closed and secured the Gliding door into the warehouse with the brass lock (producecT). The contents were then all in order, with no broken cases in stock. On the following day, in consequence of police information, he went to the warehouse and saw that the sliding door was unfastened and the lock missing. He also found a large case which had been unpacked the previous day, containing cartons of tobacco in tins had been broken open. Part of the contents were missing and the remainder were checked by invoice from the supplier. This showed that 21} lbs. of tobacco had been taken away. It consisted of three brands, Four Star, Prize Crop and State Express, the total value being £l4/15/3. It was similar to the tobacco produced in Court. Later it was also ascertained that .a case of tinned whitebait had been removed from the store, valued at £7/1/4. The case was similar to that produced in the Court. None of the accused had any right or authority to enter the building. Constable G. S. Murray said that, on the morning of July 23, as the result of a telephone message, he went to the garden of premises in Alexander Street, below where Greaney resided. From behind a hedge in this garden, he .secured a case of tinned whitebait.

ACCUSEDS’ STATEMENTS. Constable W. T. Roughan said he was at present on duty in the Detective Office. On July 23, he was making investigations for the 21;}lbs of tobacco stolen from McDonnell’s store. As a result, he recovered 17}lbs of tobacco, concealed under a house in Arney Street. The tobacco had been removed from the cartons and was in an old butter box. Later, Marsh, who was on bail, came to the police station and indicated that he wished to make a statement. In this statement Marsh said that he met Greaney and Hazeldine at the Dominion Hotel about 11 p.m., when Greaney asked him for a torch, as he had a job to do. He persisted in finding out what Greaney wanted to do and later left the hotel with both the other accused. They went • into Whall Street, but Marsh stated he had no idea where they were going, as he had had a lot of liquor that night. When they reached a locked door, Greaney tried to open it, but failed, and gave Marsh some unusual pins with which he opened the door about midnight. Greaney led the way and ripped the boards off a broken case containing tobacco. Marsh suggested planting the tobacco in Arney Street, and the three walked down Guinness Street and Swanson Street to do so. The packets of tobacco had burst, so Marsh secured a box in which all but tw’b packets were placed. The empty packets were put into the lagoon near the Preston Road bridge, and Greaney suggested .returning to the store for more tobacco. They had not been any time in the store on this visit when the police arrived, and they gave themselves up. Hazeldine planted some-tobacco in Herbert Street. Marsh added that the whitebait was not taken from the store in his presence.

On July 25, continued witness, he was at the police station, when Hazeldine, accompanied by his solicitor, intimated that he wished to make a statement. In this statement .Hazeldine stated that he met Greaney and Marsh in the Dominion Hotel during the afternoon. About 8 or 9 p.m., Greaney and he (Hazeldine) went to McDonnell’s store in Whall Street. Using a piece of wire as a key they opened the lock and entered, taking a large case of whitebait and securing the lock on leaving. They took turns in carrying the whitebait, and finally planted it behind a hedge in Alexander Street, on. Greaney’s idea. They returned to the Dominion Hotel and drank there till they met Marsh about 1.1 p.m. He (Hazeldine) felt he was pretty drunk by that time and was not too clear on the proceedings. However, Marsh insisted on going .back to the store with

them. Marsh said he could drop the tobacco when they suggested they could get some from the store. Marsn opened the lock on their visit to the store, and pulled a board off a- case of tobacco. From this they each took a supply of tobacco. The statement corroborated the statements oi the other accused regarding the hiding of the tobacco, and the arrival of the police when they returned to the store with the intention of getting more tobacco. In consequence of Hazeldine s statement, continued witness, he went to the house in Herbert Street, and recovered a further 3|lbs of tobacco, there being only • four tins now unaccounted for. Both Marsh and Hazeldine rendered him every assistance. Detective-Sergeant Knight said that on July 25, Greaney, who was then in custody, intimated that he wished to make a statement, admitting his part in the offences with which he was. charged. In this statement, Greaney corroborated the material facts contained in the statements of the other accused. He said it was more for amusement than mischief that he and Hazeldine picked up pieces of wire and Hazeldine opened the lock on the door on their first visit to the store. Marsh had persisted in returning to the store with them and also said he could get nd of any goods they got. The statement corroborated those of the other accused on the subsequent movements. Continuing his evidence, the De-tective-Sergeant said that all of the accused had given the police every assistance, with the result that all but half a pound of tobacco had been recovered, in good condition. < This concluded the evidence for the police, and, on being given the opportunity to plead, all of the accused pleaded guilty to the charges against them. Each of the accused was committed to the Supreme Court at Christchurch, for sentence. Detective-Sergeant Knight said, he understood the Court at Christchurch was prepared to deal with the accused on Friday next. Mr. McGinley, for Marsh, applied for a renewal of bail, out that it was the first time that he had been in trouble, and that his employer had retained him, in .a position of trust. Mr. Taylor made a similar application for Hazeldine and Greaney. In reply to the S.M., the DetectiveSergeant said he could not oppose the applications. Both Marsh and Greaney had obeyed their obligations. Hazeldine had been in 'custody since his arrest and Greaney had been released on bail on Thursday. The S.M. allowed bail in each case at accused’s own recognisance of £250 and one surety of £250, to appear at Christchurch at 10 a.m. on inday. on the condition that they report daily to the police.