A REMARKABLE CASE.

Otago Daily Times, Issue 15099, 23 March 1911, Page 8

A REMARKABLE CASE.

WOMAN'S PECULIAR ACTION,

A CHARGE DISMISSED,

iPee United Pbess Association.)

AUCKLAND, March 22.

A remarkable story oi an alleged burglary and the arrest of the supposed housebreaker and the subsequent retraction of the charge was told to Mr E. C. Cutten,- S.M., at the Police Court to-day. On the night of the 15th inst. a woman named -Mrs Sindley called a pol.ice officer to her house, and declared that she had seen a man enter by a window. The policeman and .the lady entered the house, and she declared that a number of household articles and l a piece of jewellery were missing. The officer then made a search, but could find no one in the house." He went outside with Mrs Sindley, and a man was seen close by. Ho was pointed out by Mrs Sindley as being the mtaider, and. the. constable invited him into the house, where he searched him. In several pockets he found l articles identified by tlie woman as having been stolen. The man's name was William 'Tozer, and he was taken into custody. Subsequently he was brought before the court, charged with breaking and enterin" the house and stealing goods to the value of over £5. Then Sub-Inspector Hendry received a remarkable letter from Mrs Sindley, in which she said': "I wish to let you- know tha tthe statement I made about the man Tozer breaking and entering and stealing certain articles was untrue,)and I have no intention to go to the court and swear any lies, as at the time I made the remarks I did not know what I was saying. I thought it only fair for all concerned to let you know. I am also notifying Tozer's solicitor of the above facts." When the case was called on to-day Sub-Inspector Hendry said it appeared that someone had attempted to tamper with the ends of justice. The woman Sindley, before calling the police, took a boy to her house, and the lad, peering through the fence, saw the foot of a man disappearing through the window. Then when the accused was arrested she plainly accused tho man in the. presence of the officer. The boy gave evidence, and a jeweller's traveller deposed to sellngMrs Sindley a brooch, which ,was found on the accused.

When Mrs Sindiley was called she appeared very excited. At first she emphatically refeed to take the oath. " I'll speak the truth without tho Bible," she said. She was at last persua<ltffl hy tlm magistrate, and reluctantly responded " I do" to tho exhortation. Sub-Inspector Hendry : You charged this man with stealing your property?— Yes, but it is not true. And you accused him of getting through the window ?—Yes, but that was a false statement. The Sub-Inspector: Very well. Tell the court your story. The ■ witness related the following story:—"l metUhis man, whom I know and hate, in Upper Queen Street on that nighti 'Whenever I see him he insults me, and I hamai-er him. Ho ran away, and came up to my house, and taunted me later in tho evening, and I said I'd swear he broke into my house and that's what I did " At time's during her evidence tho witness became wildly excited, and alternately addressing the accused and her husband, who was standing at the back of the court. She expressed the hope that she would be able to murder them both.

The. charge was altered to one of entering a dwelling-house and stealing instead of breaking and entering on account of insufficient • evidence-. The accused denied the offence.

Mr Cutten said he thought nothing would be gained by sending the case to a jury, and he dismissed the case.