ALLEGED BREAKING AND ENTERING.

Otago Daily Times, Issue 13888, 27 April 1907, Page 3

ALLEGED BREAKING AND ENTERING.

THREE ME>T COMMITTED FOR TRIAL.

At Iho City Police Court yesterday, beforo Mr H. Y. Widdowsoti, S.M., Frederick -Toiui Garner, James Arthur Callan, nrnl David Isnao Kodger, alius Connor, were charged that-, cn or about April 1, they did break and enter Iho shop of Denby Terry, and steal therefrom 10s in money. —Mt A. C. llanlon for l:!ie accused. , Chief Detective Herbert asked leave to add " a quantity of past-cards valued at £'2 10s and a door key, Is Gd." to tho information. Defective Ilerbett eaid that Mr Terry was a bookseller in Goorgo street, and 071 April 1. Easter Monday, ho went into his shop, leaving 10s in the till for tho use of \m assistant (Miss Hannah), who was to open tho premises the next morning. When Mis* Hannah reached the shop there was no money i!i tho til!, and on Mr Terry arriving a little later she drew his attention to certain facts, which would be detailed. Detective Mitchell subsequently arrested tho tliTee accused. Ho found in their possession certain post-cards and kovs, which were capable of opening tho doors ot tho shop. The pest-cards would ba indentificd by complainant.

Denbv Terry, tho complainant, gavo evidence in support of this statement. Keys of tho front and back doors hung in an anteroom, but he had had iio occasion to uso these sine? Christina?. Detective Mitchell had since shown him a large bunch of keys, from which he picked one, wliich proved to bo tho key of his front door. A quantity of post-cards had also been submitted to him, from which he had chosen a number which could not bo obtained anywhere els? than at. his shop, lie knew Iho three- accused, whom ho luul seen in the shop together and separately when they had mado small purchases.

Dy Mr Hanlon: He could not swear that these cards had not been s-uld in the ordinary way of business. They had not been purchased by tho accused, however.

Mr llanion: Then you must bo the only person who sells them.

Witness said the aceuscd only visited the shop at night, lit- cculd not swear that, they did not come into tho shop dunng tho duv. The accused had purchased post-cards from him since April ]. Evident!) from the way certain cards were disappearing tluwo was a good deal of pilforing going on in tho shop. He could not swear that any particular card amount ihose produced was in the shop on the night of April 1 or was missing iho next day.

UeurioUa Haujiah, shop assistant to complainant. stated 'that on April 2, when sho giM-'Uci the shop, she discovered that thcri

was no money in tho till. "Usually some change was left. A few post-cards were lying on the floor. The key oi the tacit door was missing, and two or three songs, which had been hanging on a line. had been knocked down. The polico had (old her that tho shop had been found open during the night. Tho cards prcduced were similar to those kept in slock.

Constable. Dompsp.y said that he found tho front door of Terry's shop open on the night o: April I. He tcok i!io key out of the back door and locked the street door, taking the key away with him.

Detcctivc Mitchell said he had met Garner, and told him lie was suspected of tho robbery. Witness searchc-d tho accused's box, and found 08 cards, a knuckle-dustcr. and a revolver. Some of' the port-cards produced were those referred to. lie had similarly seen Roger, who had 1111 unused cards, which wero in court. Accused said he had boughi the cards in Wellington and Sydney, and also from Terry's, Escott's, and oilier shops in town. There were alwj a largo number of keys in his box, including those mentioned in the evidence, with tho exception of tho one which had been taken by Constable Dempsey. In the bunch were two keys which would unlock cither the front or back door. Thsro was also a revolver in the box. Witness next saw Callau, who said ho had received a few cards from Gamer outr-ido Terry's shop. Sixteen post-cards had found in his possession, nono oi which had' been identified by complainant. '

Mr Hanlon submitted thai as far as Callan was concerned there had been no evidence brought against him to invplicaie him in the robbery. Nono of the post-cards found in his possession had brai identified as stolen property, and it was for a jury to say whether lie had taken the goods knowing them to bo stolen. Counsel submitted furtlipr that there was nothing to connect' tho otter accused with tho robbery.

The Magistrate dismissed the case against Callan. and committed tlio other a«cii=ed for trial, bail bsing allowed, each in las own rccngnUanco of £50. ANOTHKR. CHARGE. The samo accused were -then charged that, on the Mi or 31st March, they did break ami enk-r the slioj> of Charles A. Escoit. aud steal a number of pest-cards, valued at £o, one album, vnlncd at 10s, a cardboard bax containing gold rings lo tho value of 9s; total value X 5 19s.

Chief Detective Herbert said Ibis case was siimlnr in may rcspects lo (.ho las'. A key was foiflul in Rogers's possession lo fit the door of the shop, together with a large projioxtion of the alleged stolen properly, tfhilo Garner and Callan were found to have a. number of post-card® which would be identified as part of Espott's stock. Charles Escotl said that oil April 3 he had noticed a considerable shortage of cards, and accordingly oxamircd his stock. lie found thai a box of rings, an album, and a number of post-cards were missing, mid lie reported the matter lo the police. Witness identified 111"; articles produced as having been part of his slock by private marks and otherwise, He was certain Jig hod, not sold the goods. Violet Escott, who assisted last witness in the shop, g»vo similar evidence. When she returned to tbo shop after'the supposed date of the robbery the bade window wag down from the top.

IJeiiby Terry gave evidence that certain of ilic cards wero not from bis stock.

Detective Mitchell deposed that Garner's box, when searched, contained a number of llio cards which wero supposed to bo from Escott's slack. In Ilcgers'.s bex were found a large uu/nbor of cards in onve!o]X}S, also supposed to 1)0 stolon property, and a key whicli would lo:k and unlock both doors of tho shop. Ho found a number of cords in Callan's possession also. Calla.ll sa.id Bogers had given him tbo cards outside Terry's shop. The rings produced' were in Rogsrs's box. Witness asked Mm where lio got them, but received no reply. Witness found the album in tho accused Rogers's box also. It contained several cards. Witness asked tho accused where ho had got the album, and ho replied that ho had bought it from a hawker. All tho accused wero committed for trial, aud resorved their defence. Bail was allowed in two sureties of £25 each, or one of £50, and in themselves in a. like amount.