THE ROBBERY AT THE LEVIATHAN HOTEL.

Otago Daily Times, Issue 11113, 14 May 1898, Page 2

THE ROBBERY AT THE LEVIATHAN HOTEL.

At the PolicS Couri; yesterday, bsfore Messrs F. Mallard, W. C. M'Nee, and J. Liddell,' J.P.ls, John Patrick Livingstone Donovan and Henry Jefferd, alias King, were charged that they'were in the dweliicg house of Mrs Silk by night with intent to commit a crime—-namely, to thieve the moneys of George Pool Bell. Ml1 Hanlon appeared for the accused. Chief Detective O'Brleo, who conducted tho prosecution, opened the case by referring their Worships to the law. ou the subject. The information was laid under Becbion 208 of the Crimlriftl Code. The clause was very fihm't, and ib ran thus :— '■' Everyone is liable to five years imprisonment, with hard labour, who unlawfully; enters or is in. auy dwelling houss by night with intent to (Sommit any crime therein." Mr Mallard: Just wait; a moment. Is thers any other charge against the men ? Chief Detective O'Brien: There's one of vajtrancy. , . ; . • Mr Mallard: Are they nob under a remand for stealing £146? •■ ' Ohitf Detective O'Brien: I intend to withdraw tbnt. Me llsvliard : You had bsbter withdraw it now. . Ttie nt'eosed wore then charged with the theft of £146, the property of George Pool BelK .'. ■•'' ■■ • ••' Chief Detecti re O'Brisn : I do not propose to offer any (ividcueo mi that. . The charge was tiifea struck ou& and the other charge prneseded with. ■ Chief Detective O'Brien then continued to say tba.fc for convenience sake the charge might be divided into fchte-! parts. First, that tha men were in the houao of -Mrs Silk ; secondly, that they were there by night; mid thirdly, that they werß there with intent to coannit n crime.. The firao and second propositions could be proved by diteot) evidences but tbe iutonb could' only be proved, by-surrounding circumstance*..' No person could tell wbfcti was passing in another* Elirtd, therfforo no peVsob could giva evidenua. of ■ aDDth.er?s ..iuteilticu?. -j ; Hft would ask thm\WorShips to weigh idlthfj.fiur-' rounditi;; c!r'ottmSCe,no«s)'niiii then Ray, IV pbs-1 niblo, ivhafc was the Jiiietlt. : The two accused" were,strangers hertn 'i'b.By cacao rb Duwditi m the latter parb. of last tnotith. Ou the 30th; April they engaged h room, with -two beds from Mrs Cln.rlcb, id Moray place; They did not slenp thfire thaS .sight, but slept .on the following nights up till Wednesday night. Oti Thuroriay night thty went 1:o Mm SiltV. That' wart the. istr&nge part, he submitted. It was strange tha* they bad left; the room they had engaged for a wsck and, without imy luggage, nought out Fresh quarters. The two wmit to Bira Silk's together,, and Donovan asked for beds for himself mid' his brother—the other Hccaaed. Mrs Silk asked (he name, and Donovan rzlumbled ' e.ometh'ing.' Mrs Siik cuuld not boar the name and asked agaiu, and once nitiie' Donovan tnutnbled som'etbiiig. Mr Hauion,: At tbis 'staga I would like to have all witnesses ordered'out of court. The witnesses ween ordered out accordingly. Chief Detective, O'Brieu then continued. He said that Mrs Silk a'-kfd a second time.what the nama wn«, and he still left himself triiumdersSocki. Mrs Silk t;bau gave them rooms 20 and 22, an .-I they webt upstairs. They were n^xt fuuud iv the smokiug room, where was .Mr Bell (an old gentleman who had b.'.eu staying nt thtf hotel tor »week or so).- Mr Bell occupied No. 10 bedroom, and when he stood up to kavu the Hinokiug room to retire a third party beukoued to the accused Donovan, who immediately left j the smokiug room. There wew no lucks 10 the j door of Mrs Silk's plaea, but there was a bols inside. Unfortunately Mr Bell did not secure tho door. He undressed and placed his clothes on a cbair. There'waa a pocket-book containing £146 inside bis Vfst pocket aud also a nuraWr of letter*-. :He awoke bitweer. 4- and 5 in tho morning. It vjas a clear moonlight morniug and he noticed his clothing strewn about. He immediately b«cime alarmed, and jumping out bfjbed and making aff 'examination tie found the money gone. H« forthwith notified the night porter of his loss. That was all the unsuspecting' old gentleman could any of the matter. The night porter abont 20 ! minutes past 10 the preceding night saw a psic of boots outside the door of No. 20 ocenpied by Donovan. Wlseu he passed ,1m heard someone jump behind the door. This taci aroused his suspicion?, aud he -went down- | stairs aud examined the book. Finding thai; I the room had been let to somco.ne be was satie- I fi«d for the time being. A!)ouii 12 o'tlock he j went around again and found no boots outtfidu No. 20. Sometime about 4 o'clock in the morning, his attention was attracted by a little do?; kept in ths telephone room near the door openiiiK into Cumberland street. The door had a i stiff latch, and tho presumption was that.some j i personhadbeentryiiigtogßt out. The potter met j Mr Bell coming down stairs shortly afterwardp, I «nd Mr Bell reported hi.i lose. Before goinc :to the polioe tbe porter went to Donovnu's room, and found him partly dressed. He asked him why he had not left bis boots out to be polished and he said fchr.t he 'was in a hurry to get tbe train. The porter irißislerl ou getting the boots, and shortly after the police arrived. ■ The porter put the boots outside tho door and Donovan came out to'get them. He was then arrested,' and on being told of the robbery he said, " You will find none of the 'beans' on me." The constable then went to Jefferd's room and found the door fastened ou the outside. Tbe door was forced, but no one wag inside. The window was opened, and a rope, used as a fire-escape, was dangling on to the footpath. It would be evident to their Worships that the occupant of the room had got out of the premises in that fashion, which, to say the least of it, was a very unusual mode of. exit. Tho next they heard of Jefferd was that he turned up to his lodgings at 8 o'clock on tbe same morning, and was arrested there about 3 o'clock in the afternoon. Ho offered no explanation as to hia leaving his lodgings, or as to his mode of exit from Mr* Silk's hotel. Eliza Clarke, an olderly lady living in Moray | place, said that she had a few rooms to lot. On last Saturday week the accused c&lled fit her ' houae and nngaged r double room with two j [ beds in it. It was night time when they called— between 6 and 7 p,m. They engaged tho room for a week, and paid her. They brought their luggage the same night. They did not occupy tha room that night. She saw thatn on the following morning. Her contract with them did. not include board. On Sunday, Mouday, Tuesday, and Wednesday nights they slept at the house. Ou Thursday night one of the beds appeared to havo been slept ou, aud the other did not. On Friday moruing she heard some- , one go to the accused^ room and go out again. f She was in bed »t hsie time and did not see who ! tho peraon was. Shs was unwall on Thursday. Acousod did not say anything as to their inteution ot staying aw»y on Thursday night. Chief Detective O'Brieu: How did the accused occupy their time during the daytime while they wero st&.yio£ at your place ? Mr Hanlon : I object to the question on tho ground that it is not relevant to tho isaue. i Mr Mallard sncitaiiaed the objeotiou, Chief Detective O'Brien said he would not j i pross the question. : To Mr Htnion : The room thafc the accused !

!. f occupied was b9ioir tha level of the street. She - heard someone going down the steps on Friday 4 morning. She did not ace the person, aod tha could not swear that the person who went down the steps was the ssme peraon who went into the room occupied by tha accused. It was Jefferd's bad that was tosaed about on Friday morning, bat Donovan's bed did not require to ba made up. Cbief Detective O'Brien: What was your reason for thinking that the person who went down the steps went into the room ? Witness : I ouly heard one footstep going, and I thought that the other might have been in. Regarding th« appearances of the bed, witness stated that the pillow looked as if the head had not been lying on ib. Mrs Silk said that she kept the Leviathan Hotel in High street, and on Thuradav, the sth inst., two men cams to the hotel and applied for two rooms. Donovan wa3 one of them. Witness asked what name, and he said Newsoma or some similar name. She did not see the other man'd face, bat he looked like Jofferd. Sho gßve them rooms 20 and 22, and they went up stairs. Ie was about 20 minutaß past 9 at the time, which wars the time the visitors arriving by the norbh express came in. At a-quarter past 10 She went to the front door to close up. She saw tha two men standing near tha door ia the shade of the moonlight.. She remarked it was closing time, and when she spoke they gave a great start and turned round quickly. She then closed the door and went away. The room that Mr Bell occupied was on the same floor as room No. 10. She saw rooms 20 and 22 early next morning—about halfpast 5, sha having been called by the night porter. Sho knocked, sho thought, at one door, nnd then went to room 20 and knooked there. No. 20 was Donovan's room, and 22 was Jeffecd'u. In response to kef knock at No. 20 someone muttered that he waa going away by some train, aud there was no response to a knock she gave at the door of No. ,22. Tim night porter then came up with the boots, and wlien he placed the boots at the door the man inside put his hand out to get tham. A constable was present and arrested him. The door of No. 22 was then forced open. The window was ffrand open, and tht fire escape rope was hanging out of the window. There was no alarm of lire that night. The men had no luggage at all that she saw. On Saturday morning she picked out the accused Jefferd from amongst a number of other men. She also picked OHt a man named Greenwood from their midst. Greenwood came to her place on April 29, the same night that Mr Bell came. Sho did not see Greenwood on the night that Donovan and the other man came. To Mr Hanlon : Witness did not know if she wss actually in the ofScs whim the accused arrived, but she saw them cotne in, and they were certainly together. When the men were at the door she saw Jefferd's facs. The light of the building shone upon them, and it was a clear moonlight night. Witness asked "22" if fee were going by tha train, and the thought he told her he was going by the traiu. When she went to the police station she was asked if. she could recognise one of the men who wore present as being in her . house. It was a fact that sho picked, out Greenwood, but not a« one of the men who were there oa the preceding uigbt. , . ' Chief Detective O'Brien said that Greenwood wasa man who had been in. euatody on anoSher charge. The Witness, continuing, said Bhe reeogoissd. Greenwood as the mau who came to her house ou the 29th. She told the detective present that she picked out Jefferd, and mud* " That's the man I saw standing outside the door that night." Slie did not pick nub Jeffard as the man who occupied room 22 that night. She could not swear that Jefferd occupied room No. 22j as she did not ses him properly. She picked out Jeffard herself as tha jn*n whd was standing in front) Of the door. People very rarely stood about the door. When all the men had goco she asked to nee Greenwood aod JciFetd to mike sure. W.hen s>ia did see them she made sure. To Chief Detective O'Brien : When she saw Green-wood at the station she said, " You are the rtian who csme to my houao on tho 29th mat." ■'-■ ; ,Mr "Mallard: It's a pifcy Greenwood ia not hers.—(Laughter.) Of course I don't mean in custody. I don't like to see people in custody ; I would rather sea them free. Is Gresnwood to be e*l!ed as a witness ? Chief Detective O'Brien: Kb!) so far as lam aware. Mr Mallard : Why introduce him at all ? Chifif Detective O'Btfen :Ha was in custody for a different oiience, committed at a different tima and ab a different place. Mr Mallard : I have .Greenwood on my notes ss tha keruel, the crux of tile whole thiup. Chief Ddtectivo O'Brien : What's that? Mr Mallard : I havo here that Green wood occupied bedroom No. 22, I afterwards have: it on my notes that the liaefor Jifa preservation work was found out of the window. ', Mrs Silk : You aru »ll wroujr. : (jhief Dtiiective O'Brien: You cannot hare auvtbing about. Gre.eu wood occupying the room. ] "Mr Mallard : t have ib that Jefferd did noi. 1 occupy the room 22. If not Jefferd, wfio 'octal-* j»ied it? Greenwood occupied room 22.— (Lnughfcor.) - • Mrs Silk: You have made a great mistake. .-.'. Mr. Mallard: Ryom ,20 was occupied by Donovan, then wbo occupied room 22 ? -...,•■ Chief Detective O'Brieu : That is tha whole. question. . ... . • Mr Liddell: This room was to have been occupied by Jefferd. Mrs Silk let it te him. but it was not her place to sco th»t he did occupy it. She took ie for granted that the rooms were occupied by those to whom they wara let. . ' • Mrs Silk : Just so. -Mr Hanlou: Mrs Silk does no): identify Jffferd. . ■ , - , Chief Detective O'Brien : She does. Mr Mallard : I can't grasp ifc. Tho kernel of the tbing seems to be this: The room was let to Jfffisrd. x The, window was 6u!>heqiietjt!y fvU!id open, and a ropa hanging oub. Now I want to know who occupied room 22 ? Inferentially it; was the maa Greenwood.—(Laughter.) ''Mr M'Ne« explained how he Understood the matter rested, aod the chief debeotiVe Baid' he was perfectly right. Mr Mallard :My inference is that ffotn what has been distinctly stated it was the mau tiarusd Greenwood who occupied the room,— (Laughter.) Why, I have got it here—window of No. 22 open and rono hanging out. Chief Detective O'Bciea: Tnat its perfectly I right. . . . • . ' !Mr Mallard : Tiie.n Mrs Silk c*nnot swear positively i!; wan Jefferd. Then, who was it ? Chief, Detective O'Brien : That is the whole question Tha evidence wax then' continued. Chief Dsteutive O'Brien : What I was asking Mrs Silk U this: Did.Jefferd hear the remarks Greenwood made when she identified him as the man who slept in her house on the 29bh April ? Mrs Silk: I said to Greenwood: "You-are the man who cams in ou the 29th April—the night that Mr „ Hell dims in." He replied : " Ob, no, I was nob at your house then.' I was there a few days ago." I said: " Well, hefn 13 the book with your name before Mr Bell's name." Chief Detective O'Brien : You will remember thia is several days before the robbery. Mr Mallard : Quito so. I Mrs Silk: Bat he stayed ouly one I night. He was not there ou the 5-ti at ali. ! After I showed him ths boob Greenwood said, " Quite correct." j Witness continued to say that she allotted rooms 20 and 22 to tha accused Donovan and to the mati he represented to bo his brother, and they went in the direction of the rooms. | She afterwarda saw the same two men etaudiog ■ outside the door. She believed that the two j vneu she saw in the deck were the sama men. Bhe saw tbat night. Mr Hanlon: The point is, are you .certain that Jefferd is the man who occupied No. 22 ? Witness : I believe he is. Are you sure ?—As sure as I can be. Will you swear it ? Is it not a fact that you not certain ?—You ate too fussy, Mr Haulon. No; I am not. I want to get the truth.— That is tho man I bsw outside the door.' Well, put that down. But you cannot swear that he is the mau who slept in 22.—N0; I cannot swear that. Mr Mallard : You have given your evidence i admirably, t/irs Silk—admirably. I don't like to oee a witness too particular. Cbief Detective O'Brien: What is your reason for assuming that Jefferd ocoupiod the room ?.-..: . Mr Hanlon : She did not assume it. Mr M'Nee: She said her impression was that he occupied the room, but she did not like to swear that he actually did occupy it. Mr Hanlon: She would not swear that the man. ehe saw with Donovan when he was getting the room was the man she afterwards saw at the door with Donovan. I Mra Silk said she did say that, and said ifc I again. She added that Bhe naturally thought ! that the man would have occupied tho room I allotted t;i him. She had no doubt in her mind I | that he had occupied it. When they opened j Donovan's door and found him there she said : "Well, his mate is in tbe other room. Burst ] open thfl cicor immediately." | i Mr Mallard : Have you ever seen Greenwood and the two accused together ? ; Witness : No. Oh dear no. ! Mr Mallard (to the chief detective): What j 1 time do you think it will take ? It rests with I i you. 1 Chief Detective O'Brien : Wall, it rests with i someone else besides myself. The way we have I been going on all the morning I don't know i really when we'll get through. < Mr Mallard : I think I know what should go j 1 on the depositions. I don't want the deposi- I ( lions in any case I am connected with to go I before the judge and be commented on as I '. have seen done. i George Pool Bell, retired school teacher, ( stated that on Thursday, the 6th of May, he <■ was staying at Mrs Silk's. He retired to bed < about 10 o'clock. Previous to that he had been t in the smoking room. He could not swear pofti- < tively that ha had seen the accused before, but t

be had a faint impression that he saw Jefferd in the hotel on the night iv question. There was no look on his door, but there was a snib. He was certain, if be did snib it, the man who took the money must have been under his bad that night befora ha went in. Ho did not make an examination of the snib next morning. He planed his clothes on a chair alongside his bad. He had a pocket-book in the inside part of hia vest containing £146, while in his ordinary vest pocket there . was a purse containing a half-sovereign and a half-crown. He had the pocket-book in his pricket when he was in the smoking room. Ha snibbed the window carefully also, because the roof of another part of the building was adjoining, and one might easily get into the room. Ho woke early—about 5 o'olock. It was a bright, moonlight night, and he saw immediately that his clothes had been disturbed. They were strewn all over the room, and. he thought that tb<? thief must have beon disturbed by him (witness) awakening. Witness apprised the night porter of bis loss, and a detective who waa sent for went found the room? with Mra Silk and himself, rousing the j oeople up. They went to room 20. where j Donovan waa found. Tho handout were immediately placed on him. They nest went to j No. 20, and the door was burgt open. It was I empty, and the fire eacape was hanging from the window. . To Mr Hanlon : Witness had the impression of snibbinu the door and, the window. As a rale he snibbed both the door sod the window. He had Home nf the money since February 1. About half the notes were B&rik of Australasia notes, and the rest were National Bank notes. He could not identify tho iibfces,' not haying taken the numbers. He did not take the pocketbook ont of his pocket that night, but the balk of it in his pocket must have attracted anyone* notice who was on thtj lookout for such'a thing, The police brought him to the police station to pick ouS the accused, bat ho failed. He picked out one of the men, but he did not hear it that man turned out to ba a policeman, . John Murdoch S*ge, commercial traveller, said that he was staying at Mra Silk's on Thursday night, the 55h itiat. He waa in the smoking room. He saw Mr Bell there and half a dozen or so others. He and others were pinying cards. He recognises Donovan as being orio of the two who were Sitting on a sofa. When Mr Bell left the-room somaone came to the door of the smoking room and Donovan went out. He first saw Jefferd in court. To Mr Hanlon : Mr Bell left the smoking roosa at 10 o'clock. At that time two meu were sitting on the- sni'a, one of whom wsb Douovau. If jefferd had been, in the room that night* hd would ba able to identify htm. Ho did not identify Jefferd now. The man who was sitting with Doiiovati h»d a dark suit, not a light one like Jefferd had now. He could not identify the. man who o»me to the door. Donovan .went out immediately, but he would not say that the ms.n beckoned to Donovan', To Chief DatectnVe O'Briea <. The man who came to the door had a peculiarity about the eyes, and Jefferd had a peculiarity about the eyes. .-.■'■'" Matthew Kiansird said that he was a school teacher by profession, but at present he took charge of Mis.Silk's hotel at' night time. At. 20 minutes past lOhe went upstairs \6 lower the lights, ftnd hs saw a man in room No. 20 leaning faalfway outside the room. Witness lowered the lights, and when he "passad agiin the door was partly' dpsn, and thstfia was a candle lighted in the room. He went up again 10 miuutes after aud «»w that there was a pair of boots outside No.. 20. Ho went up at halfpast; 11 p.m. and the boots were not at the door of No 20. He never, noticed any boots outside No. 22., About 5 o'clock, ho.mi disturbed by tha barking of a dog, aud on getting u{p he found the dog in the tslephone office near the front door: The Utter wa's locked by a lock that a stranger might flad ivdiffiftttlfcy in opening. He never heard the do^' barking in the house before. . Witness got up, and he saw that the b&ots ttero not "outside 20. The door was closed, but "wib'equently he noticed it a little, ajar. Seeing this he determined to enter the roam, as he thought the occupant was going to clear out without paying his bill. Witufefs; found tho man standing behind the door, dressed!. ,"' Witness asked him what ho meant by being HrerfsM at that hour of the morning. He replied that he was anxious to get away by the early train. Witness remarked, "Do yon know it is scarcely balf-past' 5 o'clock yet*?" ■ Ho replied he did not kbow it was so early. Witness asked him what he meant by putting his boots out and taking thpm.in ogaiu on the 'preceding night, arid he said he thought it w;;g,safer to take1 them in. Witness then told him ,to give over the boots and he would have them brushed and polished. After hesitation he took the boots' off, and witness took them, away. JnW *s witness was preparing .to..'go ddwnstaiite Mr Ball appeared, and id an excited state, anrt in quite a sufficiently high tons of voice to be hearcl in No. 20, declared that he had bseil robbed.' He wanted witness to find out who it waa who robbed him, and offered witness a -'pound note if he could I fidd oufcr Witnesrtokl Mr Bel! to get his coat oa.and to eoma-to-thfe police office.; This wag done, ,W.h(?njOonstabJe Boddam ,was in the. 'b.all,\No. £&,oi)eneii,tlie door to pick up his boots, when Bodrl&ni.sprang at him, laying, "Is it you, id it?'' Witness could not swear that the rain wad the same man he «aw the ; night before.1' . ■'••.•■' i Chief DetecHva "O'Brien: What is your [ opinion ?-. ■ ■•■' '■ : ■■" ■..■■■• ' ■■ ■ , • '• h Mrllanloii;: i object to that,' -."" ■ ': Mr Mallard: I rule absolutely in your favour. ■■■',•... - ■ . - • The othertwo justices ruled that the <juefl-,' tictu was, qaite relevant, ■..,-, ■ Chief.,Ditectiye., O'Brien quoted Hazelden's : digest of Johnston's "Justices of the Peace," ! cl*ua£ 32, which ran tbus: .'.'But though as a general i-ale witnesses can give evidence.only of facts within' their own knowledge, there are exceptional eases in which,- being Unable' to apeak with certainty,' they"m»y"expreiiß their opinion or belief; as,-for instance, with respect to, the identity of persons and things."' ' .■ . 'Me Hanlon stud 'that, it was not Johnston's " Justices of the Peace" that was being rend Hftzeldisu's work was long ago regirded ai bein,? of no .weight whatever. ..,-■,. Mr Mallard : ,1 thought it was not Johnston'?. I thought that such a. passage could not be reaf" from Johnston's. Ib.Js absolute rubbish.' I don't kaow when we will be finished. ■Mr JfNee-: If there is auyond who Wastes time/it'is Mr Mallard.- Ha hat done'more talking from the* bench than the two others put together—three tiilipsbver.' Chief JDatective. O'Brien: Mr Mallard has expressed a rnry srent regard for the dictum of the late Mr Justice Johnssou, and I will merely call his attention to the fact that tho passage in'Hnza]den'tha!j he expresses such contempt for is. taken wocd far word from clause 116 of Johnston's "New Z?aland Juatioes of the Peace." —(Laughter.) ... Mr M»llard : 1 refuse to look at..the book. Chief Detective O'Brien: Quite so. I do not woHder at your Worship refusing to look at it. . ' '•..■■' To Mr Hanlon: 'He' \Voulfl 'not swear that the man who handed him his boots on the morning of the 6th wai'the tnan who hid • behind the donr on the preceding night, beoau6e it was not light in the morniug. . • ' ■ To Mr Mallard: When he saw the man standing behind the door of No. 20 at half-past 5 in the'm'ornirijc he did not know the robbery had bsen committed. Constable Boddam gave evidence that when he saw Donovan appear at the ballroom doo? ho rusbed hi and bmA, " Donovan, thflre has been a robbery iv tho house, and I am going to search you." . Hs said, *! You will not Und any of tho * beans on tbk."' Ho had 14s 9d on him. He : »ls» se»rcbed thfl bedclothes ».od tbe room. Hk tbeu handed the accused to Sergeant Shirley. Ho then went to another room, the d6or of t?hioh ho burst open.- The window was open, a ropo was hanging out of the window, and the room w.15 empty.

Detective M'Grath gave evidence that whei h« was searching Douovan he remarked tha £14-6 was a good haul if they could get out o the charge. Donovan remarked, "I« there : possible ? " To Mr Hanlon : Bell picked out; a constable He expressed doubt from the first as to whetht! he could identify the man. Mrs Silk said sh siw Jeff'.rfs.Btandipg outside her door. Jefferi said, "N'vyou didn't." Mr Mallard: What was Greenwood in cut tody for? Witneiis: For a burglary iv Mr Moss'i house. Chief Detective O'Brien cilled their Wor ships' attention to section 145 of the Justice of tha Peace Act, and then closed his case. Mr Hanlon then addressed tins court. Hi said that everyone was liable to five years' ira prioooment who was, uplawfully- in |ho housi by night, and the chief detective in his openinf remarks astutely, left the word " urilstwfally' oat. Chief Detsctive O'Brien : Not fit all. Mr Hanlon contended that in order to gostah the case it must be proved that the men wer< unlawfully in the house, and that they hat intenti to commit a criniG. This was a board inghouse, and they had a perfect right to b( there if jthey paid for their bed. A man wht weut lawfully into a boardioghouso might hay( burglar's implements on him, and he could nol be cocvicted udder the section of the act unde! which the' information was iaid, unless it ws.' proved that he had an intent to commit a crime If he got into the building surreptitiouslythrough a window, ioi instance,— a coovietioc might bo sustained. "If ,the robbery had nol bffen committed, couid the police have arrested tuo men P And "why, beciiuse a robbery had been committed, did tho police bring "these men before the court simply because thoy knew tha man Donovan? And-when they arrested him, what did the constable do ? Ho did not charge him with robbery, but with vagrancy, but afterwards they charged him with robbery. This charge was withdrawn that morning and a minor charge preferred. Why did they wfthdraw the major charge ? Simply because they could not Bubstsnti*te it. And" so they withdrew a chargo upon which they were liable to a Rentetica of 14- years and substituted n minor charge. Were their Worships going to s»y, after the police had been driven into a corner to

I prefer the minor charge, that the men were in : the hoasa for unlawful purposes ? As regarded ' the facts, he asked the bench if there was any eividence that there wag any conduct on the part of these men that they intended to commit el crime. First of all, the evidence did not connect the two accused at all. No matter what inferenc3 the bench drew regarding the room which was found to have been occupied nod the rope hanging outside, they could not gay that Jefferd had occupied the room that night. lUrs Silk would not swear that Jefferd had .occupied the room. She said she had seen hhn before, but that was not identification. The police did their very utmost to identify the men. They left no stone nuturned, and. pinning their hope to Mr Bell, they ranged » number of men before him, sod an inoffensive, ansnspectiog policeman was picked out.—'(Laughter.) Supposing that the policeman had been & civilian and had happened to have slept that night at Mrs Silk's, be would have been put on his trial. Mr Bell made a pot shot, and having picked out a policeman, the detectives of course saw he tat.de a mistake. The only way that Mr Ball could conceive how the tfobberr was committed was that tho mau must have been under his bed. How came it, then, that he was seen at the front of the building by Mrs Silk long after •Mr Bell bad retired ? ' : . Chief Detective O'Brien : That only goes to show th»t Mr Bell did not lock his doot. Mr Haclon :' Well, you must discredit the evidence of your own witness. The Chief Detective: He did not speak posi« tively. He merely assumed it. . / ~ : Mr Hanlon continued that every word in the eection must be weighed, and before acoueed were convicted it would have to be shown that they were unlawfully on the premises. Taking { everything into consideration, therefore, he submitted it was- the boandea duty of the. bench to dismiss the case. ■ Chief Detective, O'Brien replied ou the law points, and . The accused were then committed for'trial. " John P. L. Donovan was then charged with, vagrancy.-Mr Hanlon appeared for the accused, who pleaded not guilty. ■ , Mr Hanlon said he did not feel disposed to go On with the case at half-past 6 at night. Mr M 'Nee said he also thought it was too late at night to go on with tbe curse. Chief Detective O'Brien agreed to an adjournment till the next day. He admitted they sill had had a long day, bat the case must come an on Saturday. : Mr Mallard:. I -am suffering from a rery severe headache. The atmosphere is nauseating. Mr Hanlon said that he objeoted to tha case going on that night. No law could compel him, to go on. ' The case was then adjourned till Monday. , .