BURGLARY.

Hawke's Bay Herald, Volume XXXV, Issue 11560, 13 June 1900, Page 3

BURGLARY.

COMMITTED FOE TEIAL. [own cobbespokdent.] At tho Hastings S.M. Court yesterday, before Messrs Dennett and M'Leod, J's.P., Henry Marshall and Frederick England were charged with committing a burglary at Haveiotk on the Oth instant, at Cook's store. Sergeant Smart conducted the case for the prosecution, The witnesses examined were Henry Cook, Sergeant Smart, Henry Holyer (yardman sit the Exchange Hotel, Havelook), W. C. Norman (laborer), W. Duncan (blacksmith), and J. Parker (contractor). Tho evidence showed that on tho night in question Mr Cook was awiikened by a scraping noise, and on getting up and walking about ho found a window pane broken, whilst Mrs Cook heard steps outside on the shingle. The putty of one pane of glass had been cut away, and on the verandah were found a big iron kettle and saucepun. Two tins of meat had been removed from one part of tho shop to another, and two plugs of tobacco were missing. Sergeant Smart deposed that after inspecting Mr Cook's shop ho went across to the Exchange Uotel, and found Marshall standing on the verandah. Marshall said he had been walking about all night be-.-tween the stable (Beecrofb's) and the corner, and had seen no one, and had been in nowhere. He asked Marshall where his mate was, and he replied, " I haven't scon him since last night, when he was standing on the road with a man named Norman." When searching Marshall ho found a knife on him. Ho went up to No. 3 bedroom in the hotel, and found England in bed, undressed. He took England's trousers from undor the pillow, which woke him up. Ho told him a shop had been brokon into, and asked him whero he had been all night. He replied he left the hotel at closing time with a man named Norman that got locked out, so he slept under a fir tree till he found it too cold, so he went back to the hotel and got let in. On searching England's clothe 3he found some silver and coppers, and in his coat the two cakes of D<3rby tobacco produced. England said one ought to be in his pocket, but he di<J not know anything about tho other; he ought to have another stick which lie bought at Watson's the night before. This he found. When England was dressing, pulling on his boots, he said to witness, " This is a d d mess." Marshall snid he did not go back to the hotel because he had no money ; his mate had the money. Witness knew they were mates, as he had seen the two walking about together in Hastings. William Duncan deposed that he returned to his shop after leaving the hotel at closing time, he saw the accused and others talking. On arriving home, about 40.0 yards, he looked round and saw two men standing bejweon the blacksmith's Bhop and Watson's store. He iamo foaot and saw it was the two accused standing together. He passed them, and turned down past his shop towards Hastings, to see it au wa-;'r<ght. The accused followed him. He turned baulf, ,m^ E.Dglcß(3 spoke to him, and said something abouf foxing him or watohing him. Witness replied, f'J'ja not bothering muoli about you."' 'Witness jih^ bad to his own gate, 1 stood there for ' a fen minutes, and looked back and eawßomt on.o standing |n fhe_road. This would b.i about 11 p.ia. England yas not fcjif worse for liquor. Toldbim he would bf looked out if he was not careful. H< went backwards and forwards as he baj ft kind of suspicion, as England said be die