JEWELLERY THEFT

New Zealand Herald, Volume 82, Issue 25343, 26 October 1945, Page 9

JEWELLERY THEFT

SHOP AT PUKEKOHE ACCUSED FOUND GUILTY Arising out of the smashing of a window in the shop of John Walter Wright, jeweller, of Pukekohe, and tVie theft of jewellery valued at over £460, on August 20 last, Kenneth Joseph Foster, an unemployed driver, aged «'U, stood trial before Mr Justice Fitilav and a jury yesterday. He was charged with breaking and entering and theft and with receiving a gold fob and shield valued at 455, knowing it to be stolen. Mr V. R. Meredith, Crown Prosecutor. said that evidence would be given that accused was seen in a billiards room at Pukekohe that night. Ho had at first denied being there, but after being identified in a jfarade by three witnesses he made a statement to the police explaining bis association with the offence. Detective I). A. Ha!pin said he interviewed accused on August 2/. He gave a signed statement saying that in Auckland on August 17 lie nlet it man wlio said be was going to Pukekohe to see what sort of jewellers' shops were there. Accused went with him. They we'nt to a back street and took a motorcar from a private garage. Accused later met the man, who had a package under his arm, and drove to Auckland, where the car was left in a side street. Accused was given the fob by the_ other man, who later that day gave him £3 or £4.

Accused, in evidence, said he left the other man at Pukekohe after they had played a few games of snooker and went to the station, intending to return to Auckland. He fell asleep on a seat and on wakening decided to walk back to Auckland. After walking about seven miles be came across an abandoned car on the roadside and drove to Auckland. "Detective Halpin put all the words in my mouth and I just said 'Yes' and 'No' to them," said accused. He added that he had only read a couple of lines and signed his name. His Honor said that, while there was no direct evidence of breaking and entering, accused's statement, if accepted bv tl7e jury, was evidence that he had collaborated in the offences. Regarding accused's contention that he gave the statement under pressure the jury might ask how it came to Contain such a wealth of detail. Accused had surrounded himself with a welter of untruthful statements which the jury would have to weigh. After a brief retirement the jury found accused guilty on all counts and he was remanded for sentence. DRIVER ACQUITTED FATALITY SEQUEL ACCIDENT AT MOEREWA The trial of a Maori, Mane Wiki, aged 38 (Mr Guy), on a charge of negligently driving a motor-truck so as to cause the death of Hona Rore Wiki Teoi, was concluded before Mr Justice Cornish yesterday. The accident happened on the evening of August 15, when accused was driving through Moerewa. on his way from Kawakawa to Otiria. Deceased was standing with a bicycle at the side of the road. Constable D. C. Muir. of Kawakawa, gave evidence that accuse.! reported the accident shortly afterward and made a statement. Accused said he did not know what lie had hit until after he had stopped the truck. He had had" three or four glasses of beer after 5 o'clock that evening. The deceased, Honah Wiki, was a cousin of his. Witmess said that accused smelt of liquor but was not drunk. Mr Guy said there was no evidence, and it was not suggested by the Crown, that drink was the cause of the tragedy. The vehicle was being driven slowly and that did not suggest recklessness. In the circumstances driving with parking lights was not negligence. His Honor said the question here was a very simple one. Was the man negligent? Did he take less care than a prudent man would have taken? Re seemed to have been driving about halfway between the edge of the footpath and the bitumen. What was he doing there? There was no evidence that he was drunk, but he had been having 'drink and it was for the jury to say what effect that might have had. After a retirement of over three hours the jury returned a verdict of not guilty and accused was discharged. TERM ON PROBATION Pleading guilty to a charge of stealing £.'t os at Birkenhead, Charles Fdward Gill, aged 21, labourer, appeared before Mr F. H. Levien, S.M., yesterday. He was admitted to probation for two years.