JUSTICES DISMISS CASE

Taranaki Daily News, 7 January 1927, Page 9

JUSTICES DISMISS CASE

THE SERGEANT SURPRISED BREAKING A ENTERING ALLEGED. PROSECUTION COMES TO NOUGHT. Bj Talegrapb.—Preaa Aaaoidatien. Auckland, Last Night. After having been chawed along Parnell Road during the height of a thunderstorm at about 2.39 o’clock on the morning of December 26, and. after being caught by Constable S. Collins, William Hoggard, aged 59, appeared before Messrs A. J. Stratford and Donaldson, J.P.’s at the Police Court this morning, when he was accused of breaking and entering the shop of Henry Ruston, tobacconist, in Parnell Road, and stealing a razor, three pipes, a tobacco pouch and a cigarette case, the total value being £3 6s fid. Ruston said he resided above his shop. At about 2.30 a.m. on December 26, lie was awakened by hearing a noise resembling the crashing of glass. He got out of bed and found that the plateglass window of his .shop below had been broken. Shortly afterwards Constable Collins brought accused to the shop. Just in front of the broken window on the footpath witness found a show card and razor.

In answer to a question by Hoggard that, at the Parnell Police Station, he had claimed a box of cigars and a small comb as hie property, witness replied that this was correct. The box of eigars and the comb did not belong to witness. Hoggard had stated that he knew nothing whatever about the stolen property.

Constable Collins said he was walking along Parnell Road at about 2.30 a.m., when he observed a man walking rapidly in front of him. On passing Ruston’s shop, witness noticed that the window was broken. He then gave chase. The man in front also commenced to rum When nearing him, witness saw Hoggard throw away something. Hoggard ran into a side street and witness caught him and brought him back to Ruston’s shop, where accused denied all knowledge of the broken window. Later, in company with Ruston, witness found a cigarette case in the front garden of the boardinghouse outside of which Hoggard had been seen to throw something away. In the aide street where Hoggard was caught was found a tobacco pouch and other property was found in another portion of the street. No stolen goods were found upon the accused. Some 30 or 40 minutes previous to accused’s arrest, witness said he spoke to him underneath a verandah, when he asked him what he was doing. At this stage Mr. Stratford said the verdict of the Bench was that there was no proof that accused stole the goods, therefore the charge would be dismissed. Senior-Sergeant Edwards: Are Your Worships dismissing the charge before the defence lias been heard?

Mr. Donaldson (the other Justice): The Bench feel that the evidence tendered is insufficient to send accused for trial, and to put the country to the expense of a trial at the Supreme Court. The evidence given might just as well be tendered against any other person. We feel that no case has been made out against him.

Senior-Sergeant Edwards: If I might respectfully point it out to Your Worships, the constable saw accused throw something away as he ran off. Hoggard then, in a statement from the dock, maintained that a prima facie case had not been made out, and that he should be discharged. Accused was then discharged by the Bench.