FOUND GUILTY

Otago Daily Times, Issue 26771, 14 May 1948, Page 9

FOUND GUILTY

BREAKING AND ENTERING ACCUSED REMANDED FOR . SENTENCE An inspection of the scene of the alleged crime by the jury was permitted prior to the resumption of the Supreme Court hearing, before Mr Justice Kennedy yesterday- morning, of charges against Robert Wark Johnston, aged 24, and Colin Charles Kir.kwood Dunsmuir, aged 20. Both men pleaded not guilty to a joint charge of breaking and entering the premises of MoncriefT and Stewart by day on March 2, with intent to commit a crime. Both the accused were represented by Mr J. P. Cook, and Mr J. B. Deaker appeared for the .Crown. David James Weir, an employee of MoncriefT and Stewart, said that he locked the back door, which led into the alleyway between the premises and the Empire Hotel, on leaving the shop on the evening of May 2. Three girls were working overtime in the shop. On his return before 7 p.m., he saw that the bar on the back door and a window had been broken. Cross-examined, he stated that no money was left in the premises overnight. Except' for flowers, there was nothing of value in the seed or flower rooms. Evidence of Girl Workers

Dorothy Currie, a florist, stated 'that she had been working late in the premises on the night in question. She had heard a noise and had walked to tyie bottom of the stairs, where she saw a hand through the window. She had informed the other girls, and when they returned more glass had been broken and there was a leg through the opening. On a demand being made to know who it was, the leg had been withdrawn and a man’s face appeared. It was too dim to recognise the man. With another girl, witness had run to the alleyway and tried to capture the man. He had run down the street. She was able to identify the accused, Johnston, as the man who had run away, and she recognised Dunsmuir as a previous employee of the shop when he was found a few minutes later in the alleyway. Corroborative evidence was given by Margaret Irene Chapman. Leslie Samuel Joyce, a carrier, stated that he had called by arrangement at MoncriefT and Stewart’s shop about 6.15 p.m. on March 2. He had been called into the shop by the previous witness, and had seen a man’s leg through the window. He had followed the two girls back to the street, where one of the accused had broken away and run off. The other man, Dunsmuir, had been found in the alleyway. Ronald William Griffith, a detective, stated ■ that he had made inquiries as a result of a complaint by Miss Currie. Later in the evening he found Dunsmuir in Moray place. • Dunsmuir had denied knowledge of the breaking and entering incident, and had refused to come to the Police Station. He had arrested Dunsmuir, who was'intoxicated, and had taken him to the police Station. The following day he had arrested Johnston, who had made a voluntary statement (produced), in which he said that his reason for going into the alleyway had been to procure more beer. There had been no intention to break and enter any premises. A statement by Dunsmuir (also produced) said that the accused had been drinking during the day and could not recall exactly what had' happened. The accused had leaned against a door, which had burst open. He had gone up some steps and had looked through a window. By accident he had knocked against the window.' and his leg had gone through it. There had been no intention to break and enter any premises. No witness was called for the defence. Improbable Story

Mr Deaker, in his address, submitted that the door had been broken open. If there had been any suggestion of accident innocent people would certainly not have gone on into the premises. Mr Cook submitted that it was difficult and dangerous to form conclusions on assumptions. It was clear that the accused had been drinking all afternoon. He submitted that there was no proof that they had deliberately forced open the door. Was it possible to believe that they would attempt to break into a shop in which they could see .that people were working? They were plainly drunk, and when people were drunk they did foolish things. His Honor completed his summing up at the lunch adjournment. When the court resumed at 2.30 p.m. the jury returned with a verdict of guilty. The prisoners were remanded in custody for sentence this morning.