"A FAMILY SQUABBLE."

New Zealand Herald, Volume XLIII, Issue 13097, 9 February 1906, Page 7

"A FAMILY SQUABBLE."

ALLEGED BREAKING AND ENTERING. THE CASE COLLAPSES. An able-bodied young man named Patrick Sullivan was charged with breaking ana catering the house of Henry Marshall, and stealing therefrom a photo, frame, hat. ana handkerchief, valued at 3s. He pleaded not guilty. Henry Marshall, carpenter, residing in Fitzroy-street, Auckland, said that the prisoner was his brother-in-law. On the morning of January 1 witness and his wife went out and left the house secure. On returning later in the day witness found Sullivan in the house, and when he asked him what he was doing there Sullivan replied, "There were burglars in the house. Witness told him to go. Sullivan, in response, turned upon him, and put witness out instead, being a, stronger man. He saw the accused go into the front room and take a photo, frame, hat, and handkerchief away. Witness remonstrated with Sullivan. but'his only reply was that they did not belong to him (Marshall). Witness gave information to the police. To the Accused: They did not have a fight in the kitchen. When Sullivan was putting him out he put him through the window. The hat and photo, frame did not belong to him, but to his wife and a relative. Mrs. Marshall, wife of the last witness, said that accused was her brother. When asked by Mr. Tole whether Sullivan had any right in the house she said her brother was always welcome to come to the house when he pleased. "Look here, your Honor,'' she said, " this is only a bit of spite against mv brother on the part of Mr. Marshall." His Honor (to Mr. Tole): 1 don't think you will get the jury to convict in this case. It is a family squabble. Mrs. Marshall: That is what it is. His Honor (to Mrs. Marshall): Your brother had no right there? Mrs. Marshall: It is the only place he has got to go to. I ha,ve told him to come in and get a feed whenever he wants it. " You have got it before, haven't you, Paddy'/" continued Mrs. Marshall to accused. His Honor said it seemed to be a case of impudent trespass more than anything else, and asked Mr. Tole if he proposed going any further.

Mr. Tole said that, the only further evidence he haid was that of the arresting sergeant, who found the accused with the articles in his possession. His Honor said lie thought the case should not be carried on any further, and the jury expressing the same opinion formally returned a verdict of not guilty. The "prisoner was discharged, but not before His Honor had administered a severe warning to Sullivan, saying that he had no right in his brother-in-law's house. Sullivan said he would never darken the doors again.

A YOUNG MAN'S FIRST

OFFENCE.

BREAKS INTO A GUM STORE.

Andrew Blucher, a young man, pleaded not guilty to a charge of breaking and entering the premises of the Wade Settlers' Co-operative Company, at Wade, on October 15, and stealing 901b of kauri gum. William Motfatt. gumdigger, living at the Wade, identified the gum produced as being similar to the gum which he sold to Mr. Cole, manager of the Wade Settlers' Cooperative Company, in October last. David Cole, manager to the company, said that the gum produced was similar to that which was stolen from the company's .shed on the Wade Wharf in October. The lot stolen was that which had. been sold by Moffatt to the company. Soon after witness missed tne gum the accused sold him 351b of gum of the same class, through another person. It appeared to have been chopped up. Harold Rayner, labourer, said that in October last he came to Auckland for the purpose of attending the Labour Day sports. In the course"of a. conversation with witness in the Northern billiardroom, Blucher said that he had had a look at the gum in the Co-operative Company's shed, at the Wade, and suggested that it would not be a bad idea to break in and get some, and have a good time down South. Witness advised the accused not to do any such thing, reminding him that he had a* wife and family. Subsequently the accused confessed to him that he had broken into the shed and taken the gum, and he asked witness not to say anything. Blucher informed him that after getting til gum he planted it among some scrub. Witness afterwards went with him and got it, and they took it to witness' house, where they examined it. The accused, fearing that some of the pieces might perhaps be identified, smashed some of the large pieces. Being approached by Constable Lowry, witness gave the gum to him, and, by arrangement, with the constable, he took the accused into a stable, and had a conversation with him there about the burglary. Constable Lowry at the time was in the loft listening. Constable Lowry also gave evidence, and related the conversation which took place between Rayner and the accused. The accused, he said, admitted to Rayner that he committed the crime. The accused made a statement from the dock denying the charge. The jury, after a short retirement, brought in a verdict of guilty, and the prisoner, being a first offender, was remanded for sentence until Monday morning for the probation officer's report.

CHARGE OF BREAKING AND

ENTERING.

ALLEGED THEFTS FROM AN AUCTION MART.

John Scarbroa and Christopher Henry Clarke, t\tt> youths, pleaded not guilty to charges of breaking and entering Mr. Warren Blyth's residence at Onchunga, and stealing a revolver, a. knife, and a bunch of keys, and of breaking and entering Warren) Blyth's- auction mart and' stealing a quantity of jewellery, three razors, and £14 2s lOd in (silver and copper. Clarke was also charged with having had a number of watches in his possession knowing them to have been stolen, and Scarbroa with having had the razors in his possession, also knowing them to have been stolen. To these charges the accused also pleaded not guilty. Warren Blyth, an auctioneer, residing at Onchunga, said that when he left his Queen-street premises on December lo even-tiling was secure. After locking *up the safe he put the keys of °it in his hip pocket,. and went home. As he was going out that evening, he changed his clothes, and left those with his keys in them hanging up in the wardrobe, In the morning lie discovered that his keys and a revolver and knife belonging to him were missing. On arriving at the auction mart, he found his staff and a. number of detectives in. his offices. The safe was open and the keys which had been stolen were lying on top. The knife also was there. On examining the cash box, lie found that a number of watches, several razors, and all the silver and copper, amounting to £14 2s 10d, were missing. He could identify a number of the 27 watches produced as haying belonged to him. The others were similar. to what were misusing. The razors were also his.

Charles Edwin Collins, storeman for Mr. Warren Blyth, said that he opened the mart cm the morning of the 16th, and discovered that the place had been entered. He immediately sent for the police. in company with Detective Mcllveney he paid a visit to Scavbroa's home on January 18, and with Scarhroa went into the yard. There they found a spot which had apparently been dug before, ami procuring a spade, witness -dug down for a distance of about 2ft, and came across a bottle in which he found two of the razors produced.

Charles MeFadden, a labourer, said that lie bought a razor from Scarbroa hi January, and afterwards handed it over tc the police.

Ann Brinston, a married woman, residing in Newton Road, said that Clarke was boarding with her in January. On the evening of January 10 she found the

watches and chains produced under his bed, and informed Clarke's mother, who told her to hand them over to the police. Clarke's explanation was that he got the watches to sell on commission. Mrs. Clarke, mother of the accused, also gave evidence.

The further hearing of the case was adjourned until half-past ten this morning.