PROSECUTION FAILS

New Zealand Herald, Volume LXXVI, Issue 23487, 26 October 1939, Page 18

PROSECUTION FAILS

LABOURER IN COURT r VERDICT OF NOT GUILTY r ALLEGED VAGRANCY AND ENTRY The hearing of evidence on two charges against a labourer, James Davidson Ireland, aged 24 (Mr. Robinson), relating to his alleged entry of garage premises was concluded in the Supremo Court yesterday. Accused was charged with being a rogue and a vagabond and with breaking and entering a service station at 221 Great North Road, Grey Lynn, owned by Herbert Valentine, on the night of July 15, with intent to commit a crime. The case was heard before Mr. Justice Callan. Mr, G. S. It. Meredith represented the Crown. • Corroborating evidence given the previous day, Olive Mildred Hare said that while sitting in a car about five to ten minutes, after it had been parked in Valentine's garage between 12.30 and 12.35 on the morning of July 16 she saw a man moving about the garage. This witness and Tlielma Doreen Carrington said that later they saw a man in a leather overcoat and dark suit with no hat come from a property in Elgin Street adjacent to the garage. He drove away in a small car. Cyril Butler, a miner, said he spoke to accused at a dance in a city hall on the night of July 15. To Mr. Robinson, witness said it might have been as late as 12.20 a.m. when he last saw accused that night. Detective T. Sneddon read a statement in which accused said that on July 15 at 11 p.m. he was driving his mother's car. Accused went to a dance, leaving at 12.20 a.m., when he drove to his home in Kingsland by way of Queen Street, Exmouth Street, New North Road and King Street. He denied that he was in Valentine's garage that night and that the car he was driving was in the vicinity. Accused admitted that he was dressed in a navy blue suit and leather overcoat and was hatless on the night of July 15. No evidence for the defence was called bv Mr. Robinson. In his address to the jury, Mr. Robinson pointed out that neither of the witnesses, Churchill and Miss Hare, had been able to accused in a parade as the man seen in the garage or subsequently entering the small car. He also suggested that the witnesses might have noted the number of the car incorrectly. The jury returned a verdict of not guilty on both charges.