"AFTFR DARK"

NZ Truth, Issue 869, 22 July 1922, Page 5

"AFTFR DARK"

PECULIAR PRANKS IN THE PARK Did Pretton "Bone" Breen's Boodle? MISSING MAIDENS PRECIPITATE A SCRAP

The whole of Monday afternoon at , the Auckland Police Court was occupied when William Preston (35) was charged with robbing Harold Richard Breen of £9, and also that he did use personal violence* Mr. J. W- Poynton was on the bench, Chief Detective Mcllveney prosecuted, and Mr. J. J. Sullivan appeared for Treston. Harold Richard Breen, a young man about 20 years of age, farm laborer, residing at 79 Somers Street, Ponsonby, said that on June 29 he .left homo about 3 p.m. and went to the pictures. On leaving the theatre he walked up to Sir Geo. Grey's statue near the Town Hall. About 6J30 he met accused opposite the statue. Preston, who was a stranger to witness," approached and said "Will you have a drink?" Witness declined and accused then waked up the road but returned again about five minutes later. There was a short man with accused. The latter again asked witness to have a drink, but witness refused. Accused then asked where he could get a packet of cigarettes, and when a shop across the road was "pointed out accused as^ed witness' to walk across with him.' Accused bought some cigarettes and on coming out once more asked witness to have a drink. This time witness accepted the invitation and they went into Lome Street, where they drank a bottle of beer which accused produced from his pocket. The short man, who had previously been with accused, was not with him. They then walked from Lome Street to Queen Street and then up Grey Street, where accused went into Sainty's Hotel. Accused came out with a large bottle of ale and they went to an alley-way just above the hotel. Here they drank the ale, and accused asked 'WHAT ABOUT THE WOMEN?" Witness wanted to know what about them? Accused said "Well, you know, they like • wine." Witness then gave him 8s 6d and accused went back to the hotel. He returned m a few minutes and accused said "Come on, we will go Into the park (Myers s) and wait for the women." On going into the park accused said "The girls will be m the dark, I suppose," arid they then went to the darkest place by a hedge. Accused remarked "We will wait here," and they sat down. After a time witness said "You said the girls would be here at half-past seven; it has gone past that." They then had another large bottle of beer between them. Witness said "If the girls are not coming I am going down town," but aocused replied 'You had better wait a bit."' Accused then made a filthy and beastly suggestion which witness would not fall m with, and got up to go away. Accused then said, '"You are not going to get away from ' me- yet." Witness said "If you don't let me pass I'll call the police," and accused replied, "You'd call the police," and at the same time struck him a blow In the mouth, knocking witness down. Accused then grabbed witness by the, throat and WENT THROUGH HIS POCKETS, taking £9 out of one pocket and about £1 m silver from another pocket. Accused then started to go away, Saying "You He there for five minutes or I'll get another man here to shoot, you." Earlier ! Tri" the 'evening accused had said his name was Bill Atkins, and that he was' a bushman down from the country. After he had gone witness went to Sainty's Hotel and asked for a description of accused, but he did not get it, so he went to the police station and related his experiences. That afternoon when he •left home he had somewhere about £10 10s on him. He bought a pair of socks, some tobacco, went to the pictures, and earlier m the evening gave accused 8s 6d and 2s 6d. On July 1 witness went to the detective office and saw half-a-dozen men standing m a circle, and accused was standing about two feet away. Witness identified accused as the man who assaulted and robbed him. At the moment accused did not say anything, but later asked witness if he were sure accused was % m his company on the Saturday ' night. Witness replied he" was sure. Accused then said he did not take the money. Mr. Sullivan: ' How many drinks did you have that evening?— l suppose I had about half-a-bottle of beer, all told. You first had some out of aj small bottle? — Yes, a mouthful. And out of the second bottle? — Three mouthfuls. And the third bottle?— One mouthful. Any more? — No; that's allAfter you left the park you went to the hotel? — Yes. What for?— To see if I could get a description of the man. Who did you see? — The man said he was Sainty himself.' What did you say?— l asked him if he had served a man with a. fawn overcoat. What did he say? — He said, fhe had not served ahyone after six o'clock. And the occasion you speak of when -your companion that evening went into the hotel and purchased beer was after six o'clock?— Yes, nearer seven. You were not sure of him when you went to the ;hotel, naturally, or you would not go there? — No. When you went to the police did you describe the man? — Yes. When did you first hear the accused's name was Preston?— When I heard it called out. When? — When I picked him out m the hall at the detective office. Where were you ? — I was m a room and when I came out the men were lined up m a half-circle. And you picked accused out? — Yes, without any delay. And a detective immediately said, "Preston, come with me"? — Yes, and \hey went into another room. Not another word was said by anyi body. That finished the matter? — I Yes. I Did you see accused again? — Yes, lone of the detectives said Preston ■wanted to speak to me. B Who told the accused to get into Kine? — The detective. H That was when you came out of ■the room? — No, I was m the room Wand the door shut. A How do you know he spoke to the 'wiccussed? — I don't know. ' i EftWyou a moment ago said the tietecuVes spoke and told accused to get lnt!o line. Why did you say that? —1 heard them speaking ,to the men. Have, you ever been m gaol? — NoHaven't you?— l have been on pro- , bation. • ■ Is the term up? — Yes. Now, when you came out of the room did you look for a fawn coat? — No; Detective O'Sulllvan told me there were no fawn coats. He said I ought to be able to pick him out by, his face. Did he tell yow accused ha.d-a-red" face? — He said they all had"red faces. Did they?— l only, looked at Preston's red face. Now, did any detective say anything to Preston just before you plckled him out?— No; nothing whatever. Where did you get the £10 10s you had that day? — It was some of my wages. Where were you working?— On the Kaipara lin».

Was it a cheque?— Yes, and I cashed it at Helensville. When was the last time you looked at your money before you lost it? — At the picture showNow, the last question: What was the charge On which you were placed on probation? — Indecent assault. Annie Gates, widow, said the witness Breen was her brother and was at present boarding with her. On the day of the robbery he showed her a roll of notes, and told her there was £9. . Mr. Sullivan; When did the detectives tell your brother who had robbed him? — I think he told them. . . Did he say he had trouble m -picking the man out?— No; I don't think he had any trouble at ,-all. Detective Herb. Knight said that on the Ist inst. he and Detective O'Sullivan spoke to accused m the Waitemata Hotel, and asked him to come to the detective office. At the office accused was tasked to, account for his : movements on June 29. He said during the day he had been about the town and at 6 p.m. was with his brother ': m Queen Street. He then walked to Customs Street and caught a Parnell car home. This would be about 7.30 p.m. Accused said he had done no work for months but had been SUPPLIED WITH CASH BY A 1 SISTER. He was then placed with several other men and identified by Breen. Witness

(The Meat King, , Lower^Cuba-street, Wellington.) If you want a leg of sausage, or something just as choice, Just toddle round to Hawkins' shop and let him have a voice In meeting your requirements — he's a riianner most polite, And what is more important — you'll find his prices right.

was also presont when Preston said to'Hreen, "Are you sure I am the man?" Breen replied "Certain." Mr. Sullivan; When the complainant came out of. the room to identify the man who it was alleged had robbed him, which of the detectives was it who said "Preston, get into line"? — Pesonally, I didn't hear anyone say it. But it might have been said?— lf it had I should have heard it. And complainant went straight up' to Preston and picked him out? — No, he exariiiried each man. ' Until he came to Preston, who was at the end of the line? — Yes, but Preston was not exactly m the line; he stood a couple of feet away. Did you try to verify accused's statement as to his movements? — Yes, and his own brother could not verify what accused told me. Did you go to his home?— Yes, ancl I was told by accused's sister that he should have had only 2s 6d on him, as that was the amount she gave him that morning. And what time did he come home? — His wife said she went to bed about half-past nine. Accused came home some time before but she could not say what time exactly. Detective ; O'Sulllvan m the main corroborated the evidenced of the previous witness. Mr. Sullivan: Did you tell comolalnant before he came out of the room to identify the man Ithat there were no overcoats there ?r— l didn't say it. I only put him m the room and left him there. He says you told him the men had red faces; did you say that?— No. You had ho conversation with him about fawn overcoats or red faces with him?— No. Complainant knows you?: — Yes. Has he mistaken you for someone else?— l couldn't say. Who told Preston to get into line? —I did. But after you went to the room and called complainant? — I didn't hear anybody. Did you say he should be able to pick out the man because he had a red face? — No. His Worship: How much money was on accused? — £1 18s 3d. At the conclusion of the evidence for the prosecution, Mr. Sullivan submitted that the evidence did not warrant the case, being sent on to the Supreme Court. He pointed out the contradictory statements made by the witnesses, and particularly stressed the evidence concerning identification by the complainant. His Worship thought that he should hear some evidence from the defence, and Mr. Sullivan called Alice Pearson, sister of the accused. She stated that. on the night m question her brother came home about half-past seven and did not go out again. He did not tell her where he had been that evening His Worship said that the Judge of the Supreme Court would probably direct the jury that the case was a w eak one and he would not, therefore, send it' on. The information would be dismissed.