INTRUDER IN PAVILION.

New Zealand Herald, Volume LXVIII, Issue 20866, 7 May 1931, Page 12

INTRUDER IN PAVILION.

SURPRISED BY CONSTABLES. WITHDRAWAL OF ONE CHARGE. MEANING OF "COUNTING-HOUSE." Several implements for house breaking, including a chisel, detonators and gelignite, were displayed in the Supreme Court yesterday during the trial of James Burke, aged 41, labourer, on charges of breaking and entering the counting-house of the Remuera Bowling Club, being found by night unlawfully within enclosed premises and having house-breaking tools in his possession. Accused, who was represented by Mr. Noble, pleaded not guilty. Mr. Hubble, for (he Crown, said that he did not propose to press the first charge. There was a lack of authority to stale that a bowling pavilion was a counting-house. William _Maine Johnstone, greenkeeper at the club, said he locked (he pavilion premises at eight o'clock on April 6. A small window at the rear was left open for ventilation purposes. Shortly before two o'clock the following morning a burglar alarm iri the premises connected with his house went off. He communicated with 1 (.he police and in the company of two constables he entered the pavilion. Accused was found crouching behind a counter in the locker room. The alarm had be,on given by the opening of the locker room door. Examination of the premises showed that one window had been tampered with, while there was a trestle below the half-open window.

Constable Gaston said he and Constable Olucr entered the premises and witness found accused in a crouching position with a chisel in his hand. Witness closed with accused and when he was searched gelignite, two detonators, fuse, a kni/e and some putty were found. Accused said lie had lost all his money at the races and thought he would "have a go" at the pavilion. Corroborative evidence' was given by Constable Olucr. Mr. Noble said the only reason for defence was the contention that the premises were not "a counting-hous* *' "That is my view," -said Mr. Justice Smith. "Although there was a safe in the pavilion and odd money might have been kept there, a couuting-house is definitely a building where accounting is done." Counsel then intimated that accused would plead guilty to the other two charges. On the direction of His Honor the jury found accused not guilty of the first charge and guilty of the remaining two. He was remanded for sentence until the close of the criminal sessions.