INTRUDER TRIED

New Zealand Herald, Volume LXXVII, Issue 23575, 8 February 1940, Page 11

INTRUDER TRIED

EPISODE IN GRAFTON EVIDENCE OF STUDENTS JURY'S VERDICT OF GUILTY Two students of the Auckland Teachers' Training College ivho were recently instrumental in his arrest gave evidence in the Supreme Court yesterday against James Davidson Ireland, labourer, single, aged 24 (Mr. Noble), on his trial before Mr. Justice Callan and a jury. Accused pleaded not guilty to a charge of breaking and entering the dwelling of John Fleming, 142 Grafton Road, on November 17 last, with intent to commit a crime.

The students, Lawrence Gordon Caiman and Lionel Charles lzod, said they resided at the Trinity College Hostel, situated opposite Mr. Fleming's home. They saw accused climb through a window of the house at about 5.30 p.m., after knocking and peering through the windows. Before entering he stood back out of sight each time anyone passed, lzod informed the police by telephone. Constable E. J. Gains, of Mount Eden, said he arrested accused near the back gate as he was about to leave the premises. When Caiman and lzod identified him, accused denied interfering with the windows or entering the house, saying he merely peered inside. He explained that he was trying to locate a friend, to whom he wished to say good-bye before going into camp at Ngaruawahia three days later. Gladys Taylor, a nurse employed by Mr. Fleming, said she locked up the house on November 16, when the family went to Rotorua for a holiday. When she inspected the place with the police the next night the doors were unlocked and furniture and rooms had been disturbed. There was nothing missing, witness added, although there were jewellery and other valuables in the house. Mr. Noble submitted that eren if accused entered the house, he did not go there with intent to commit a crime, and therefore no offence was committed. He was looking for a friend, whom he believed lived 'in that house. A thief, counsel added, would have confined his operations to the hours of darkness. In summing up, His Honor referred to the eye-witness accounts of the students, and to the evidence by the nurse as to rummaging in the rooms, suggesting that someone had been seeking money or small portable valuables. It 'was possible that someone else had entered the house before accused. The jury retired for 40 minutes, and returned with a verdict of guilty. Accused was remanded for sentence.