MORE HOUSEBREAKING.

Hot Lakes Chronicle, Volume 4, Issue 185, 17 June 1896, Page 2

MORE HOUSEBREAKING.

At the Police Court on Thursday last Thomas Dowries, a native; on remand, was charged before Messrs Malfroyand Cinders, .T. l.'s, with breaking and entering the dwelling of Percival Thorn and stealing therefrom » silver watch, brooch, ment and other property to rho value of .£10: Mi's Foley acted as interpreter. Tile following evidence was adduced; Constable Eyan conducting the case :—■

Perciv.nl Thorn, accountant, living | on' the Tarev. a road, s'tid that on June j Ist he left iiis house locked up and the windows'fastened with the exception of one the latch of which was broken, lie returned home at 10..'50 p m. noticed nothing unusual and went to bed. On the; following morning he found the back door unlocked and on looking further noticed the latch of one window had been pushed 'lack and that the drawers in the sitling-t'ooin were* open. In his bedroom also ho found that the clothing in the drawers there had been disturbed ; on examination ho missed no clothing; on the same morning the accused entered his house; witness asked him what he wanted ; accused seemed to be rather astonished and made a remark about a horse ; witness told him to clear out and ho went a■ivay; he aflerwards missed a silver watch, one greenstone brooch, a whi:kak;\i or greenstone pendant, a silk handkerchief and a bottlo of scent; lie identified the watch, brooch, and handkerchief produced as his property ; they were all in the drawers oil the Sunday night previous ; on leaving the house on the Monday morning the key of the front door was left on a tnbie close beside the window and the back door was locked ou the inside; there were marks on the window sash underneath the latch of the window which was fastened ; the matter was reported to the police ; the greenstono pendant and bottlo of scent have not been recovered ; ho next saw the watch in tho possession of the police on "Wednesday tho 3rd inst, he saw tho accused after tho Court on Wednesday and subsequently in presence of Constable Byan ;-accused'then admitted that anything that was missed from tho drawer he would be responsible for ; the total value of the property stolon was £lO. On being asked'if ho had any questions to put to tho witness accused stated that if tho two other persons whom tho police had allowed to go were present he might have some' thing-to ask. A few immaterial questions wera put to tha last witness after which accused said that he could ask nothing else in the absence of his' two accomplices. A disousi-ionliere took place between tho police and tho bench at tho termination of which accused was asked if he desired tho two persons in question to be called as witnesses. 110 stated that they should be there as his accomplices. Constable Evan said that was a matter for the police to decide, and addressing the bench stated that ho was conducting the case for tho prosecution, and would he thought adduce sufficient evidence to justify tho police in arresting tho accused. Mr Malfvoy said it \\as the duty of the police to bring forward the witnesses for tho prosecution but it was also tho duty of the be?ich to hear both sides of the question, so as to arrive at the true facts and act accord-

ingly. The accused had siid that lie' had two nccomplieos who could nrove certain things in his favor. Constab « Ryan said it was no use tn briii" these persons forward as there was. nothing against tliem. If tJie bench desired! it they could be called. The rest of the discussion was inaudible to the reporter, but at its conclusion accused was informed that if he wished to cull the persons in question he w.-.s n t liberty to do so. That was tho only way lie could have them there. Annie Thorn, wife of Percival Thorn stated that on the :)rd Juue at Wbabarewarewa the native constable showed lier tlio handkerchief produced whkh she identified as her property ; on leaving her house on the Monday afternoon the handkerchief and "other articles produced were in tho drawersshe missed them'on Tuesday an ', reported the loss to tho native cons .bleshe also mis ed a greenstone whaka' lc.ii and u bottle of scent; tho articles' were all lying together in tho drawer. As alio was (hiving to Whakarewarewa on tho Monday she passed accused on tho street; ho had beon in tho bouse when ho was working nearon tho Wednesday morning accused spoke to witness of Thorn accusing him of taking tho things ; she ihen asked him if he had been in the house; ho repliod that he had boon thereon the' Tuesday and would -be in trouble if there was anything missing; she told him that could not bo helped as ho had gone in without permission. Ad-mi Clark, native constable,: tated that <ll J uno 13rd Annie Thom reported to him the theft of certain articles from her house and described them. In consequence of enquiries made he wont to accused's whai e and found tho handkerchief produced in a coat hanging there ; lie took tho handkerchief to- Annie Thom who identified it. ll# then informed his comrade, Constable Eyan, and accused was arrested. He afterwards saw the watch produced in Constable Eyan's possession. John Eyan, police constable, stated 1 that on Wednesday afternoon on information received from last witness' lie instructed him to arrest accused. While in the lock-up accused after being charged said, " I am very sorry I took those things," He said the watch was iu tho upper township and offered to .-how witness where it was' but did not wish the native constable to see ;• accused took witness to a small cottage in the native pa and' from beno-'th one of the blocks took the watch produced and handed it to' witness, hroui remarks made by accused witness under tood ho deniedall knowledge of tho greenstone pendant; 011 Monday, Juno 8, witness was informed that the greenstone brooch pr. id need was put back on the looking-glass in the bedroom in Thorn's house. Thom tolil hinr that the brooch wes there when he got up iu the mbrning. Nothing had been' hoard of the greenstone pendant. Accused wh > reserved hi defence' was committed to take his trial at tho Criminal Court, Auckland, oil August 31st. 110 was subsequently released 1 on bail, his tine in the case reported in last issue being paid, two sureties of £oo and himself in £IOO being entered into for his appearance to answer the present charge.