ESCAPADE OF TWO BOYS

Marlborough Express, Volume LI, Issue 153, 30 June 1917, Page 6

ESCAPADE OF TWO BOYS

ALLEGED THEFT OP BEEK.

Two lads named Clarence Herd and Edward Kruger were brought before Mr F. 08. Lbughnan, S.M., this morning on charges of bi-eaking and" entering the' store of James Benning and Co., Ltd., on the night of June 3rd arid stealing therefrom six,/bottles,. of beer and three bottled of stout. Mr •T.F. Relling appeared for Herd. •Sergeant Hanson said that the police evidence went to show that the two hoys entered the store—a detafchecl, shed at the rear of Benning and <Jo.:s grocery establishment in Alfred Street—on two occasions. Having taken some liquor and drunk it behind Mr James's building; they ret urnod to the store on the night of June 3rd, and stole the nine bottles mentioned in the charge. They x-oriw coaled these in the flood-gateffonoftbe-bank of oho Omaka JsAmvt{ and, taking them next,.idfly«* cycled off in the dii'eftiQ^Gf l( Picton. They' broke some fibcMos-'ori the road at Tua Manna and further on. The result was that two accidents occurred. A motor-car ran \over a bank in the driver's attempt to avoid the broken glass, and a bicycle was damaged. •/■ Mrs Albert Robinson stated in evidence that on June 4th she saw two boys pitting on >tho roadside, at Tua Marin.i. Each had a bottle.. One threw a bottle down, and it smasWed on the road. They did not remove the broken glass, but cycled off in the direction of Picton.

Alfred Robinson, roadman for the P'ctou Road Board, .said that he found the broken glass on the road at Tua Marina. - He was removing it when his sister-in-law came up and informed him that the bottles had been broken by two boys. He oveiv took the two accused about half v mile further on. One was sitting in the water-table and the other was standing over a broken bottle in the middle of tho roadway. The boy said that the breakage i was an accident, and they intended to reniove it. Be asked them, why they did not remove tha first breakage; they did not reply. The brand on the broken bottle, was "gold-top." James Benning, grocer, with a wholesale license, said that the door of tho store was .bolted, but not locked. The store contained ,various brands of liquor and stout, including "Gold-top." When -the matter -%vas reported' to him he examined the condents of the storG r but iftwas not possible until he todk stock to say whether anything was missing. Constable I*. Scott, in charge of tho Picton police station, said that on .7vino 27th at the Picton Court Charles Herd told him that on the King's , Birthday he .and Kruger smashed bottles on the Picton-Wairau road. The witness asked; "What bottles?" ITe replied- "The bottles that Kruger and I stole from Beaming's store, and that is why lam here." On the 27th also the witness asked Kruger if he had a solicitor to defend his case. Kruger sai[d he was not going to engage a solicitor, adding: "I am going to speak. 4he truth; Herd and I stole the* veer and stout from Benning^s,. and lliftrc is no get out. of ife. A solicitor'can. do nothing for us. All lib could do for tijs is to tell us to say that we.didn't take the beer, and thac ! would be a lie." A written confession made to Serjeant Murphy at Wellington by Kruger was prodiiced. Constable «T. Cummings said that he interviewed Herd (who was an apprentice motor mechanic) nt- the Blenheim police station on tho date of the arrest. "His particular object was (.o find out where the two lads were Supplied with tho liquor accounting for their drunken condition on the Blenheim-Picton road. Ho producod a written confession signed by Herd. This stated vhat Herd and Kruger broke into the store and stole pint bottles of beer and stout; that they consumed six of the nine bottles before they renched Picton; that Herd had boon told by another young fellow that he (the latter) had abstracted bottles of beer from the vsl-oro and hmv to do the same. Tn cross-examination by Mr Rolling Constable Cummings stated positively tint Herd's confession was "a voluntary one. and was not forced. The 'Magistrate rejected counsel's argument that the store was not a warehouse in the meaning of the Crimes Act. and that the charge was not an indictable one. Infreply to the regulation questions, Kruger admitted that he was guilty, and Herd said that he was not guilty. The former was committed to the Supremo Court for-' sentence, and the, litter for trial BREAKING THE BOTTLES, Prior to the hearing of the charge of breaking and entering and theft, Kdvvard Kruger pleaded guilty to a charge of placing glnss in a public place, to wit, the Picton Road, on June 4th. Ho was convicted and fined £2, with 7s costs.