HOUSE-BREAKING CHARGE.

Lyttelton Times, Volume CXXI, Issue 15210, 22 January 1910, Page 7

HOUSE-BREAKING CHARGE.

Tho evidence of wax matches was the principal support for a charge against John Fitzpatrick of having broken and entered Arthur Cook son’s house at Lincoln on the night of January 14. Tho case was heard before Mr T. A. B. Bailey, S.M., yesterday. Mary Ann Fowler said that she retired to bed at 10 p.m. on January 14. She slept with her sister in a room on the upper floor. Shortly after midnight she heard the bedroom door open and somebody moving in the room, “ like a serpent.” She detected the odour of beer and stale tobacco 1 , and she leapt out of bed to obtain a light. Immediately she was seized round the neck by a man. Her sister came to her assistance, and when an attempt was made to light a candle the man fled. Later the house was searched, but no trace of the intruder was discovered. In daylight several wax matches, some burnt, were found on the ground floor. Wax matches were never used in tho house. Some of the “live” matches found had blue heads and some had pink. Leonard Arthur Cookson, nephew of the previous witness, said that shortly after dawn ihe had found the accused near a haystack, which was about one hundred and fifty or one hundred and eighty yards from the house. He had found a pipe at the stack. The accused’s swag had been found inside the church gate, almost opposite the house. John Marvell, labourer at Lincoln, said that he had worked with Fitzpatrick on January 14, near Lincoln. At about 8 p.m. ho had seen the accused coming out of the school swimming bath, next to Mr Gookson’s house. Later in the evening he had. met Fitzpatrick in the Lincoln Hotel and had had some drinks with him. Shortly before 10 p.m. the hotelkeeper had refused to serve the accused. To the accused: A few others had come out of the swimming bath, just before him. Constable Mayno said that at 3 a.m. on January 15 ho had found Fitzpatrick sleeping by a haystack, about one hundred and fifty yards from the house. "When passing the schoolhouso on the way to the police station, accused had asked on what charge he had been arrested. He had denied having broken into the house and had said, “ It’s hard linos if I can’t sleep where I like.” The man was sober at the time, though lie had been drinking. In the swag the constable had found matches similar to those found in Mr Cookson’s house. The accused pleaded not guilty and was committed for trial.