GUARDS IN HOUSE

New Zealand Herald, Volume 81, Issue 25050, 14 November 1944, Page 7

GUARDS IN HOUSE

TWO MEN OVE RPOWERED BURGLARY CHARGE' FAILS The trial of one of two men who were caught by watchers in an Epsom house by night, Lawrence Frederick McCormick, salesman, aged 23 (Mr Dickson), was taken yesterday before Mr Justice Fair. The charge against him was that on August 14, in company with John Joseph Hodgens, he broke into the house of Alfred Fenn in Kimberley Road with intent to commit a crime, and there was an alternative charge of being unlawfully in the house with intent to commit a crime. A woman juror who was called was not objected to and served on the jury. Prosecuting for the Crown, Mr G. S. I?. Meredith said that Fenn's house had been broken into and because of that and of other threats lie employed two men to watch the house while he was absent from it, from 8 p.m. until midnight. On the evening of August 14 these men heard the telephone ring but did not answer it. Some minutes later they heard footsteps and saw two men approaching the house. Then they heard the sound of breaking glass from the front entrance. Printed Notes Left Behind lhe.v turned on the lights, and attacked and overpowered two men whom they found in a front bedroom. They then, summoned the owner and detectives. Hodgens, one of the two men who had been caught, had escaped from bail, and so was not there to be tried. A cabaret proprietor, Alfred Fenn, said be had had bis bouse broken into and bad lost clothing of considerable value in July. Alter one visit he found a printed note saying, "We'll be back in about a week. Leave ihe money handy." On August 9 lie was rung up at the cabaret by a man who said "I am coming along to your place shortly. Have the money handy or I will burn the house down." Witness then arranged for two men to watch the house. On the evening of August- 14 he received a telephone call from his house, and going out there lie found three detectives, the two men ho had engaged to watch, the accused and another man. House Enu od Five Times In answer to Mr Dickson witness said bis house had been entered five times, on July 1 and 26, on August 1 and 14, and, strangely enough, on October 5, when tlio accused and Hodgens wero on bail. "In my opinion that burglary was done by Hodgens," said witness. He denied that ho had previously known Hodgens or had any dealings with him. In answer to His Honor Mr Dickson said the defence was that the burglary was a frame-up between witness and Hodgens against McCormick. At Mr Dickson's request witness printed on a piece of paper, "Leave the money handy." An account of the vigil he kept at Fehn's house with a Maori, Rangi To Ahu, was given by Harold Jones Bassett. who said he had been asked by Fenn to watch. Rangi attacked Hodgens first with his baton, leaving him dazed in a corner and then knocked McCormick down. Witness said he had received nothing for this watching but Rangi was paid 3s 9d an hour by Mr Fenn. Account by Accused The accused said he had first met Hodgens at a boarding house four days before the incident at Fenn's house. Hodgens persuaded witness to accompany him that night to Epsom. They went to the doorway of a house to check up the number. Hodgens knocked, and a voice said "Come in." Witness followed Hodgens in. Someone called "Put your hands up or I'll shoot," and then he was hit on the head. He had never been in any criminal trouble in his life. In cross-examination witness said he had been in the police force for 12 months. Mr Dickson said if there was a possible innocent explanation the accused was entitled to the benefit of it. and it would be dangerous to convict. His Honor said that the circumstances of the case were of a type that would make it more suitable to convict on the second count of being unlawfully in the house than on the first of breaking and entering. He drew, attention to certain improbabilities in the story told by the accused. After a retirement of 50 minutes a verdict of not guilty was returned and the accused was discharged. COMPENSATION AWARD COMMENTS OF THE JUDGE A contested claim for compensation iias been decided by Mr Justice o'Regan in favour of the plaintiff, Ivan Botica, of Te Kopuru, share-milker (Mr Ross), against his employer, Andrew Yovich, formerly of Ruakaka and now of Auckland, farmer (Mr Steadman).. "The young man (liotica) has suffered a painful injury and serious industrial loss," said His Honor. "In order to vindicate his right to compensation la* has had to meet a defence, the purport of which is that he lias committed the crimes "of perjury and attempted theft. He has come through the ordeal completely unscathed, however, and is entitled beyond question to compensation according to the prescribed scale." The plaintiff, Ivan Botica, is a Dalmatian, 24 years of age. On August 3, 1943, he suffered injury by accident to his left eye, the use of which has been permanently lost. He alleged that the damage was caused by a chip from a manuka stick he was cutting to repair a pig pen. The defence alleged that the accident happened when the plaintiff was cutting firewood at the wood heap, and that therefore he was not entitled to compensation. His Honor said the defence had chosen to be content with suggestions when it was beyond question that the onus of proof lay heavily,on them. The Court was under no obligation to sift the evidence so fully, but it had done so, not merely as a matter of justice to the plaintiff, but to lav bare the daring nature of an allegation so utterly untenable when critically examined. His Honor awarded compensation payments totalling £369. and £26 5s costs for hearings in Whangarei and Auckland mid witnesses' fees and expenses. FOUND ON PREMISES A charge of being found without lawful excuse on enclosed premises in Grafton Road on Saturday night was admitted by Percival Charles Yates, labourer, aged 43, before Messrs C. H. Moses and C. Robinson, J.P.'s, yesterday. Senior-Sergeant Sparks said that as a result of complaints of the activities of a prowler a watch was kept by a tenant of the house and accused was seen in the yard at about 10.30 p.m. When accosted after running into the grounds of the house next door accused said he was looking for someone. He had previously been before the-Court. A sentence of one month's imprisonment was imposed.