HO! HO!

NZ Truth, Issue 605, 20 January 1917, Page 2

HO! HO!

An instance of how much easier it is to obtain a free stand m the prisoner's box at the Magistrate's Court than it is to obtain a seat for v "nix" at the Grand Opera House was illustrated at the Magistrate's Court, Wellington, on Wednesday; when three young gentlemen,'"" John William Marshall, John Henry Greig, and Alexander Waters, •were charged before Mr. L. G. Reid, $3 JM.., with having broken and entered into the storeroom of the New .; Zealander Hotel, by day and with having stolen one case of Walker's . •tfrisky," valued at £3 ss, and six botties at "green tripe," valued at £2 2s, being a total value of £5 7s, the proof Frank Herbert Phillips., ; i Inspector Hendrey f prosecuted • and the accused Marshall and Greig ; were represented by Mr. H. F. • O'Leary. Waters was unrepresented. ■ Prank Herbert Phillips, licensee of the. New Zealander Hotel, m Mannersstreet, said that on December ,2 1 of last year,- about 5.15 or so,- heha* «c---casion to go to the cellar. Th* door •winch faces the. back yard was locked with an ordinary . lock and bolt. Witness bad not been m tne cellar at all that day. On going into the storeroom he found the Yale, lock , HAD BEEN IPORCED . Ib© "bosSrfcead" had been forced from tbe jamb of the door. He sent for the police . Witness had taken a friend down with him and, on arriving at the door he noticed the forced' lock. • He aaid to his friend, ' Well, ' theee's/' no need for the keys. The place. has been burgled." Ho did not touch the door, preferring to leave it until the detectives had examined iti He left the cellar until he called, Mr.- Lochofe.Vho lsnew the run. of the drtock. When the tfellarinan arrived hje ' found that a ease of "Walker's, square" had gone. Also about six otlier bottles. While m the cellar he noticed two inch; Marshall and Greig, who cam© to the grating, and called out, "Ho-ho! Ho-ho! " Witness slipped out and got between the two men and the back gate. He asked Marshall what his business wa.gr m the place and ho replied, "Oh, I've come to cle.ui the cellar out." Witness replied, "Oh, have you. Well* I'm going to detain you." The men, *mo SEEMED IN A MERRY MOOD, wanted to know why* and witness replied, "You'll know.' oil about it presently." The back gate was fastened by an Iron bar secured by a pin through a slot, it could be opened by passing a hand through the fence and taking tho pin out. The Inspector: Did either of tho men give you any explanation of -their presence?— Marshall said that he had come along 'and,, lurching against the" gate, it; had flown open. Was Marshall sober? — He was not drunk, but they were all m a merry, mood. It Is ouJy fair to say that the way to the litvatorioa is by the gate nnd they may have been going there and have found the irate , opened, by someone else. -By Mr. O'Leary: The appearance of the accused "was not, 'such. as. would indicate . that <hey had drunk £8 10s worth of 'whisky (about the retail value of the amount missing) , It was quite possible that tho gate may have been opened before Marshall and Greig came m. Ho was inclined to think that such was tho case. Hfca tfolng to the lavatory would account for his being near the gate . Marshall simply cried ''Ho-ho !" and placed his' face near the grating, tt appeared as if they expected to hear 'from woineone Inside, but it was quite , possible that he might naye called out from geniality only* When Waters came bounding In Marshall and toe' had ' a ■ little round at fisticuffs. None of, tham seemed to know why they were being detained and did hot seem to droain that a charge of breaking and entering wan to be preferred against them. "I think it only fair to say, your Worship/* said witness, "that Marshall has been a frequent customer and be has fthmys ■■ ' "' ''■ .-'.-- BEHAVED HIMSELF DECENTLY AND WELL." He knew the others also and had no cause to -think that any of them wore lltoely to commit an act ouch aa that with which they woro charged. William Lochoro, assistant., manager, of the New Zealander Hotel, sold that he knew the accused men by sight. He •was having a cap of tea with Mrs. Phillips In tho kitchen, when he not-

THREE M W A CASE f "FRISK" "RANG!" PHILLIPS MAKES A MISTAKE ■ ■ . ■'■": -^ ■'•'■"■ . • ' And Accuses a Trie of Breaking and; Infering . * "The Evidence it Vague/- Says the SjML

iced Grelg m the backyard. -He appeared to be going to the dustbin to) get a sheet of paper. - '

iced Grelg m the backyard. He appeared to be going to the dustbin to) get a sheet of paper. - ' The Inspector: Had he any right to be there?— dh~ye». He may have gone out through the Aide door. To Mr. O'Leary: It was quite evident that the palace had been : broken into between two : and five o'clock, as it was two o'clock when he, ras manager, had made his last visit. He did not look upon it as anything extraordinary j if customers did go into the backyard. There was another urinal m the backyard and customers frequently ' used it. He thought Greig was m the yard for that purpoeo when he noticed him; there. . '.' '■• ■""'-'■■ ,';..■ ''. ■.-;;', \.y.> ' \'/j William Lewis, a police constable, said that he-received a complaint on the day mentioned and went to the New Zealander Hotel. He saw the three accused, who were being detained m a room, and from there, the whole; party .went to.. the cellar. He did not I remember if the^accused made any reply on the charge being made known to j them. By Mr. O'Leary: He remembered Marshall saying that he would make a statement when the sergeant arrived. Sergeant Edward James McKelvie said that he .., ( RECEIVED Aj'PHONE MESSAGE, on the strength of which he went to. the cellar of the New Zealander Hotel., He saw the three accused, the cohstable, and Mr. Phillips. . Mr. Laehore came m and said that a case of "Walk- j er's square" had been, taken and some bottles of TGreen Stripe" had been removed from the shelves. Mr. Phillips, the presence of the accused, .told the "Ho-ho!" story which was admitted by Marshall. ' Greig made a statement which was to the effect that, after going to the lavatory, Marshall stumbled against the gate, which .flew open. Seeing a grated \Vindow he went to the opening and ' called ' out "Ho-ho ! " He went to save- Marshall from falling. When they were accused they declined to. stay m the yardj: but said that they^ would. wait In the'sitting-room. To Mr. O'HieaLry: They appeared to be much surprised at the charge made against them. .Witness further said that the empty, case (produced) was found about 30* yards away from the gate m Lombardstreet—the side street leading to the lavatory. This concluded the evidence for the prosecution. ■ ' ' - Mr, O'Lcory, addressing the Ecnch,, said that there was not the slightest evidence on which to send the case to a jury. The facts as put before the court went to show -that the circumstance of Gretg being m the yard at a quarter past four, m full view of the manager and Mrs. Phillips, was quite sufficient to show that he was not there for any wrong purpose. No stolen property had been found m their possession and, It was hardly probable that a man who had come m to commit theft would call out "Ho-ho!" and inform the proprietor that he was there for the purposo of "cleaning out his cellar." He (Mr. O'Leary) did not appear for the man .Waters, but he thought the evidence against him was weaker still. Waters had seen the gate open and had stumbled m m a drunken raariner and immediately ; GOT INTO HOLTS WITH THE OTHER MEN. He contended that no such case would ever get past the grand jury. His. i Worship, m summing up, said that there might havo been a slight suspicion leading one to believe that the parties had come bapk for another supply, but that was very vairue. On Ibe evidence given he did not think that there was any grounds on which to take the matter to the Supremo Court. It appeared to him that there was no evidence at all against any of the accused; he would therefore dismiss the charge.