HOUSE-BREAKING CHARGE

New Zealand Herald, Volume LXIX, Issue 21325, 28 October 1932, Page 14

HOUSE-BREAKING CHARGE

DEFECT IN EVIDENCE REMARKS BY HIS HONOR -CONVICTION FOR THEFT A charge of breaking into a beach bach at. Narrow- Nock and stealing various articles valued at £2 18s 6d ivas denied by James Porter, aged 29, stablehanil (Mr. Noble), in the • Supreme . Court yesterday. The offence was alleged to have taken place on September. 21. There were minor charges of theft and.of receiving. The case was heard by Mr. Justice Herdman. Tho owner of the bach broken into, Miss Effio May Cant, of Epsom, said that on August 30 'she left tho place securely locked, padlocked and bolted. Later she found a window had been broken and a padlock torn off. Tho place, was, in confusion, and variefcis articles were missing. It appeared as if a mattress had been slept on and blankets used. She identified an oak-framed mirror, produced. A second-hand dealer, Thomas Percival Buer, said the mirror had been bought by hint from the accused, who„gave the name of Joseph Harper. ' Detective Slater said the accused had claimed two of the papers produced which had been found in tho bach. He made a statement in which he admitted having been at Narrow Neck twice. His Honor commented on tho absence of evidence from the Devonport police, who visited the house, and said that should have been provi'ded for by the police officer in charge of the case. "The ( police superintendent's attention had better be dra,wn to this," lie said. "This slipshod way of getting up these cases is very unsatisfactory." Mr. Noble said the only article produced against the accused was a plain mirror, which he suggested it would be impossible to identify. It was a mere guess that this man stole the missing articles. His Honor said there was no doubt the house had been broken into, and ifc was for the jury to decide whether the Crown had .shown beyond reasonable doubt that tho accused was responsible. The jury found the- accused guilty of theft, but not guilty of breaking and entering. He was remanded for sentence.