SAFE AND £466

New Zealand Herald, Volume LXXV, Issue 23067, 18 June 1938, Page 17

SAFE AND £466

ALLEGATION OF THEFT THREE MEN ACCUSED TORN HANDKERCHIEF CLUE * POLICE AND WITNESS [by telegraph—OWN correspondent] PALNtERSTON NORTH, Friday A border torn off a handkerchief and used to tie up a bag of money formed one of the main clues used by the police when jointly charging two brothers, Thomas Luciuskv, aged 31, and Maurice , Lucinsky, aged 23, and their uncle, Edward Charles Young, aged 44, with breaking and entering the counting house of J. L. Bennett, Limited, and 'removing a safe and its contents, valued at £166. The three accused, who pleaded not guilty, were committed for trial. The evidence disclosed that a handkerchief with one border missing and with a similar / coloured design to the torn off border found, was discovered in a pocket of a coat claimed subsequently by Thomas Lucinsky. Young, one of the accused, was alleged to have confessed his part in the robbery in a written statement to the police, which was read in Court as part of the evidence, which showed that he informed the police where tho safe was, and took them to a back country road 18 miles from Palmerston North, whero it was dug out of a hole in sand on the side of the road. Young had been a casual employee of the firm. Detective's Discoveries Detective Compton said that Young admitted taking part in the theft and had signed a statement to that effect. He took witness and showed where tho safe lay buried in sand on the roadside. At Young's place two pinch bars were found, Young stating that they had been used to open the safe. There was also a hacksaw, which Young stated had also been used on the safe. In Young's fowlhouse witness dug up a handkerchief containing money, and also a money bag with cash in it. The bag was tied with the border of a handkerchief. the latter being subsequently found in the pocket of a coat claimed by Thomas Lucinsky with one border missing. Continuing, witness said Maurice Lucinsky had taken him to a country road, where another money bag with cheques in it was located. A plug of gelignite, and a short piece of fuse with instructions how to use it were found under the floor boards of a shed where Young lived. Young had also informed witness that he had kept a watch on Kellow's Line while the two Lucinskys opened the safe. Detective-Sergeant Meiklejohn said the safe weighed 3|cwt. and would take at least three men to lift it on to the carrier of a car. This closed ihe case against Young. He pleaded not guilty and was committed for trial. Accused in Witness Box Young was then placed in the witness box by the police. He said he had been employed periodically by J. L. Bennett, Limited. On the night the safe "•as taken he saw the Lucinskys, meeting them about 11 o'clock in King Street. Witness said his car was there, too, hut he would not answer a question as to whether there was a hacksaw or gloves. That night he saw a safe similar to that in Court.

At this stage Mr. Relling objected to Young giving evidence on the ground that he was not competent to do so in that ho had not been acquitted nor granted a pardon. Counsel submitted that either of those two things must have happened before he could be called as a witness. > The Bench announced that they would ■note the objection, f.nd at tho same time intimated that they already had sufficient evidence before them to commit the three accused for trial. Refusal to Answer Questions Detective-Sergeant Meiklejohn (to Young): time did you see tho safe? What time did you last Maurice Lucinsky that night or next morning? Witness: I refuse to answer. What time did you last see Tom Lucinsky?—l refuse to answer. On what grounds? —I don't know. DetectiVe-Sergeant Meiklejohn (to the Bench): If he doesn't know he should know. The Bench: It is evident he is not going to give evidence for your side of the case. Detective-Sergeant Meiklejohn (to witness): Are Tom and Maurico Lucinsky hejjhews of yours? Witness: Yes. Will you give any evidence about the safe and its removal? —No. Do you also refused to answer any question about a hacksaw and other exhibits?—l refuse to answer. Will you answer any further questions about your movements or Maurico and Tom Lucinsky on the night of May 26 01 Saturday, May 28? —No. 13oth the Lucinskys then pleaded not puiltv. They -were committed for trial. Counsel applied for bail, which was refused.