JOINT CHARGES

Gisborne Herald, Volume LXVIII, Issue 20477, 11 February 1941, Page 9

JOINT CHARGES

FISHERMEN FOR TRIAL BREAKING AND ENTERING ! EVIDENCE OF WIFE Two men described as fishermen. John Nelson, aged 47, and Robert Henry Farmer, aged 45, were jointly charged before Messrs. E. Harris and G. D. Muirhead, J.P.s, in the Magistrate’s Court in Gisborne to-day with breaking and entering Common Shelton and Coriipany’s warehouse, Palmerston road, on the night of January 25. After the hearing of evidence submitted by the police, both accused pleaded not guilty and were committed to the Supreme Court in Gisborne for trial. Detective-Sergeant R. H. Waterson presented the police case, and Mr. L. T. Burnard appeared for both the accused. Frank McDonald department manager for Common Shelton and Company, Limited, said he attended to the locking up of the premises. During the week-end in question two panes of glass in a barred window were broken.

At this stage, the detective-sergeant called Mrs. Evelyn Lucy Farmer, wife ot one of the accused, to the witness box, and explained that she was not called to give evidence against her husband .but against the other accused. Mr. Burnard said that the accused were jointly charged, and if Mrs. Farmer was giving evidence against one of the accused she was giving evidence also against her husband. Detective-Sergeant Waterson said that the case was one for a jury, who would be cautioned by the judge regarding the admissability of the evidence or otherwise.

Mrs. Farmer stated that on January 25 Nelson was living at their home, and had had liquor during the day, but he could not be termed drunk. Nelson and her husband went out during the evening. Sound of Breaking Glass

Constable G. A. McCurrach said that while he was proceeding along Palmerston road he heard two panes of glass being broken in Common Shelton’s premises. Farmer had a sugar bag wrapped round his left hand, and his right hand was through the bottom pane. He told the witness that he had just fallen through the window and muttered something about having cut his hand. There was no injury to the hand, however. Nelson was standing eight to 10 paces away from Farmer, and walked quickly towards Peel street despite the constable’s warning to stop. Farmer was taken to the police station, while the witness and another constable went in search of Nelson Who was located shortly after in the same block, walking down Palmerston road from the direction of Jus home, which was about 150yds away. To Mr. Burnard, the witness said that Farmer was fairly drunk, having apparently consumed wine.

Detective-Sergeant Waterson said that Nelson had made a statement saying that he was of Finnish nationality and added that after going out with Farmer in the evening they returned to the house, where they were drinking wine. Nelson, according to the statement, offered to go to his launch to g;et some beer. He did t so, and on his return found that Farmer had left the house. Nelson then went to look for him, when he was arrested. The dectective-serge'ant stated that at the time the statement was made he was interviewing Nelson on a matter concerning his nationality. In committing the two accused for trial, the court renewed bail. It was stated that at the time the case came before the court previously Nelson was unable to obtain bail but the the court refused an application to have the amount reduced.

On a charge of being an alien and failing to notify the police of a change of address from Napier to Gisborne within seven days, Nelson pleaded guilty and was sentenced to 14 days’ imprisonment. ,