ALLEGED BREAKING AND ENTERING.

Otago Daily Times, Issue 20704, 30 April 1929, Page 5

ALLEGED BREAKING AND ENTERING.

TWO MEN CHARGED. ACCUSED COMMITTED FOR TRIAL. X f At ihe City Police Court yesterday, before Mr H. TV, Bundle, S.M., Anthony Cabral and George Spiers were jointly Charged with having broken and entered by night the premises of Messrs White and Co. with intent to commit a crime. Mr C. J. L. White appeared for Cabral, and, instructed by Mr A. C. Han lon, represented Spiers in the.lower court. James Kiug Hurrell, assistant storeman in the employ of Messrs White and Co., Ltd., said that it was part of his duty to attend to the firm’s store m .Banchop street, near the Victoria wharf, in which was stored drum and case oil. On Friday. April 19, he locked up the store about 1,15 p.m. On the following morning, wh.cn he went to the store, ho found that the bolts had been wrenched from the gate and from the back door. A crowbar, which he had never seen before, was lying nearby, and « case of petrol was lying on the loading landing. Witness Jmtl seen The accused Cabral come to the store on previous occasions to obtain petrol for Messrs R. Hudson and Co. Margaret Tabor, wife of the proprietor cf the Law Courts Restaurant, stated that whilst waiting on the tables in the restaurant on the night of April 19 she served the two accused with supper about 10.45 p.m,- They were in>the restaurant about 15 or 20 minutes.■ They had also been in the restaurant together on the previous Friday night. Constable Crosby gave evidence that whilst on-duty in Banchop street on the night of April 19 he saw an unlighted motor lorry standing near White and Co.’s premises. He walked towards the lorry, and as he came near to it he saw a short man wearing a light-coloured coat come out of the gate of White and Co. s yard. When the man saw;,witness he said “ Good-night,” and, bangyjg the gate behind him witness walked towardsFryatt street. Witness then looked the cab t>f the lorry, and asked the dmer, who was a strongly : built man, where his lights Were. The driver switched his lights f»n and volunteered the information that he was waiting for someone'in White and Co.’s store. The name on the lorry was Spiers, Maori Hill, Witness walked as far as Fryatt street, and turned back towards the lorry, intending to take its number and have a look at the driver. As he approaches! it, however, the lorry moved off, and as it passed the corner of Jutland street a man in a light overcoat •ran out and jumped on to the running board. This appeared to be the same man as had come out of White and Co.’.s previously. Witness examined the gate of the store, which he foun.i had been broken open, and ho immediately communicated with the Police Station. Sergeants Vaughan and Wade arrived a few minutes later, and it was then discovered ; that the door of the store had also been forced. Witness saw Spiers’s lorry in the police yard on the following Sundav, and be could swear that this was the same . lorry as he had Seen in Banchop street. Constable Oswald said that about 11.55 p.m. on the night in question he saw a ■ covered motor lorry with the name Spiers painted on it pass the intersection' of .Jetty and Princes streets and turn into Manse street.—To Mr White, witness said that the lorry was travelling fairly .fast, which drew his attention to it. Constable Excell stated that in consequence of a telephone message from the Central Police Station, he went to Spier’s shed in Kaikorai Valley abou' 12.15 on the morning of April 20. : Spiors’s lorry was standing in the yard i facing the shed, and Spiers and Cabral , were in the cab, Spiers being behind the i; steering wheel. Cabral was dressed in a light grey overcoat and a fawn hat. ,L To a query by witness, Spiers replied that !> had been there some little time, but -■ when witness felt the radiator it was > quite, hot. Referring to Cabral, Spiers ! said he did not know him, and that he had picked him up at the top of the hill. . Cabral, who was sitting with his coat ; (collar pulled up and his hat low over his I face, stated that his name was John I, Kent James Jones, of 91 Albany street. “Why, that’s worse than mine,” iuter;t Jected Mr White.

Cabral, continued witness, was taken to the Roslyn Police Station, and on tin arrival of Sergeants Vaughan and Wade • witness and Sergeant Wade went to look for Spiers, who, however, could not be - found cither at his'home or at the garage. To Mr W hitc; Both of the accused appea red to have been drinking. Sergeant Wade supported the evidence of the previous three witnesses, and stated that Spiers, when questioned as to t his ; movements on the previous night, had : affirmed that at 9 o’clock he went to : Shetland street, Roslyn, and took a bos to the railway station, where he arrived about 11 o clock. He then proceeded direct to hia home, picking up on his way ■ a drunken man whom he did not know .near the Roslyn Fi-o-Station. Spiers denied that his lorry had been in Bauchop street on the previous night. Both accused pleaded not guilty, and . were committed to the Supreme Court for trial, bail in the case of Cabral being ■ allowed in his own recognisance of £lO-) , an d one surety of £IOO, and in the case of , Spiers his own recognisance of £SO and ' one surety of £SO.

FURTHER CHARGE AGAINST SPIERS. ALLEGED THEFT OF WHEAT. < A 1 tile conclusion of the previous case Spiers was further proceeded against on a charge of having, between April 2 and April 10 stolen 15 bags of wheat valued at £l6 10s, the property of R. Hudson and Co. . The accused was again represented by Mr White, ' who on behalf of Mr Hanlon. David Colburn, a farmer, of Morven, gave evidence that the bulk of his last season's wheat crop had been sold to R. Hudson and Co., to whom he had consigned it. The wheat, which was of th«> Hunter variety, was in one-stripe sacks, which were similar to those witness had seen at the Police Station, and which contained, in his opinion, Hunter wheat. 'Thomas Alexander Clouston, a farmer residing at Lauder, gave evidence as to a consignment of Tuscan wheat which he had sold to R, Hudson and Co. early in April, and stated that he had seen similar sacks .containing wheat he thought was Tuscan wheat at tho police station that morning. James Alexander Clark, of Tuapeka Mouth, who had also sold and consigned bis wheat crop to-R. Hudson and Co„ stated that he could identify one of the sacks of wheat in the police station as -belonging to bis consignment. It was branded with a double arrow in red paint, John Stewart, a lorry driver in the employ of R. Hudson and Co., said thal when he was carting wheat from the railway station the bugs were checked by him after being loaded on the lorry. His normal load was 87 bags. The return journey from the mill to the railway truck would take about three-quarters'of an hour, during which time there was no one in charge of the truck. He could not say whether there was any shortage In the consignments forwarded by Colburn, Clouston, op Clark; this would be discovered at the mill where the loads on the lorries were checked. Constable Excell gave evidence that when he Had gone to the accused’s garage

on the morning of April 20 he discovered three sacks of wheat in the accused's lorry, one of the sacks being branded with a red double arrow. Sergeant Wade corroborated this evidence, and said that when he questioned the accused in regard to the wheat the latter first refused to answer, but after wards said be had received it in payment of a debt. He would not, however, sav who gave him the wheat. Detective Sergeant Nnttall, who also interviewed the accused in regard to the wheat, stated that ho had received a similar reply. Witness had then searched the accused’s garage, where ne found an other 12 sacks of wheat, which were removed to the police station, and regard ing which the accused would not give any information. TJhis wheat, along with the previous three bogs was examined by Mr C. Hudson. . stage Chief Detective Cameron intimated that Mr Hudson, .who would have been called to prove shortage of the wheat, was ill, and unable to attend the court. The court was therefore adjourned until 9 o’clock this morning, the Chief Detective, in the meantime to ascertain whether Mr. Hudson would then be able to give evidence. 1