THEFTS AT STRATFORD

Taranaki Daily News, 21 November 1929, Page 7

THEFTS AT STRATFORD

YOUNG MAN STANDS TRIAL CHARGES AGAINST J. EARL SMITH. EVIDENCE GIVEN BY ELLIOTT. .James Earl,Smith was charged before Mr. Justice McGregor in the Supreme Court at New Plymouth yesterday as follows:— ■ (1) With breaking and entering the premises, of D. J. Malone, Stratford, on October 10, 1928, and stealing four dozen bottles of ale and stout valued at £2 16s; and with receiving ale and stout knowing it to have been stolen. (2) . With breaking r,nd , entering the premises of W. McDonald, ' Stratford, on the same night and stealing cigarettes to the value of £1 16s 9d and money, amounting to 3,s Gd; and with receiving cigarettes knowing them to have been stolen. .. Accused, who was represented by Mr. A. A. Bennett, pleaded not guilty, Mr. C. 11. Weston appeared for the Crown.' The case for the Crown was presented at yesterday’s sitting. The hearing was then adjourned until this morning... The following jury was empanelled: — ‘Messrs J. N. Gadd (foreman),. C. R. Jury, C. J. Jans, W. H. Fulfor.th,.. E. E. Savage, J.‘'Gunderson, L. L.. Evans, F. R. B. Frewiri, G. CoppLestqne, E. J. A. Elliott) F. E. McEwen'and S.) H. V. Barr/‘ /’<.'•) ■■'/. '. * ' ’On the night of October'lo, 1928,. said .’Mr/C. H. : Weston, the Crown Prosecutor, two premises' in Strafford, that of D, J. Malone arid W. McDonald, were .broken into. In, the case of the premises of Malone the thief had evidently broken into the lavatory by the 'windo w.) The •thief could riot get the,lavatory.door open so had) broken through the ceiling, walked along the)'rafters) and obtained an entry, into the storeroom by means of a passage) Several- dozen bottles of ale and stout were missing." In the case' of McDonald’s premises the . thief had gained entry through the lavatory window and had gone out by the office window, taking cigarettes., and . petty. cash.'' ' . / ' ' EMPTY BOTTLES FOUND. Inquiries were made by the police arid in Oakley’s house six empty bottlesbearing Malone’s • brand Were found. It was known) to the police that Smith, Oakley,-Elliott,) Eddings and Sullivan were all.together .on that evening.. , . .. Accused had told Detective Meiklejohn that he had bought the stout at the Commercial Hotel, -but a statement was made by the hotelkeeper., that he had. none of that particular brand of stout in stock. Accused then told the detective' that he had bought the beer at the Commercial Hotel. That, was 13 months ago and the police,. though suspicious, had to let the matter drop until in recent months when Elliott, who was implicated in the offences, had made , a clean.breast of everything. ; ; ). . D, J. Malone, wine and spirits merchant of Stratford, said that on October 11 he found a lock wrenched off a shed at the back of the premises. At . a later stage, he discovered that entry had been gained through a lavatory, window. After getting in through the window a door inside barred any further progress so a hole was made in the roof. Apparently the culprit had climbed along and dropped down into the passage-way, He found a tyre-lever which had apparently slipped down from the roof. He had inspected the storeroom and found that three or four,dozen bottles of Ward’s alp. and McGavin’s stout were missing. William McDonald, a grocer of Stratford, said that on October 11 lie had found his office windows open and sonic pennies and half-pennies, missjng. A box containing 500 cigarettes was missing. A lavatory ..window next to his office:was swinging loose. Constable Shields stated that some days after the thefts he had visited Oakley’s house and found six empty bottles in a spare bedroom. ' .; Detective Meikiejohn said he saw accused in New Plymouth and told him that the six bottles, had been found in Oakley’s house. He asked accused where the liquor came from. Accused said he had bought, it at the Commercial Hotel, Stratford. The detective pointed out that the Commercial Hotel did; not stock that particular brand of stout. Smith said, “Well, I bought three bottles of beer there.” On October 19 of this year the detective saw Smith in Hobson Street, New Plymouth. Smith immediately turned into Buller Street. The detective caught up to him and gave him the statements of Sullivan and Rudings, which alleged that Smith had been implicated in the offences. Smith had said: ‘‘You’ve got my statement; I have nothing to say.” John Francis Ryan, licensee of the Commercial Hotel, Stratford, said he had had no McGavin’s stout in stock at the time of the offence, and very little of Ward’s ale, which he bottled himself, after the offence. BEER IN BACK OF CAR. . Melville Joseph Sullivan, a painter living in Stratford, said he first knew accused on the night they broke into Malone’s. Elliott and Smith came into the billiard room where he was. They went away in the car for a ride. After a while they pulled up at the Parish wdiere there was a dance. Oakley joined them and they drove to Malone’s building. Elliott, Oakley and Smith left the car, taking something from under the front seat with them. Elliott returned and called for Rudings. Rudings got over the fence _at the back. He handed the beer across the fence to Sullivan, Smith and Oakley. They packed, the •beer into the back of the car. Altogether there were three or four dozen bottles. They then drove to Oakley’s house. Oakley told them how he had tried to get into Malone’s but found the door locked. Then Elliott told them how he got in. He said he had got in through the window and broken the plaster with a tyre-lever. He had dropped the tyrelever inside.

The car stopped at Oakley’s house, and the beer was taken out and put in a chest of drawers in Mrs. Oakley’s room. They drank some of the beer in the house. Then Elliott said he would drive Sullivan home. To Mr. Bennett: He could not say that Smith got over the fence at Malone’s at all. Hunwick was not at Oakley’s that evening. Arthur Henry Rudings, a butcher of Stratford, said that qn tho night of October 10 Elliott and Smith had tea at his home. After tea they went to the billiard room and met Sullivan, and later Oakley. They had stopped at Malone’s. Sullivan and Rudings remained in the car while the others got out,

taking a screw-driver with them. Smith) was the other side of the fence, Later in the evenirig Sullivan .went home) The rest : of them had gone)'for a drive. Smith and Oakley got out and were absent for a.while, and when they came back they had cigarettes with them. Both said they had got them from McDonald’s shop. After tho cigarettes' were divided Rudings ; had gone horiic. To Mr. Bennett: He did not know what had happened to the empty bottles that night. Just he and Oakley had gone into Mrs. Oakley’s bedroom. He could not remember a month ago who . carried the beer' out, but to-day he said it was Smith.

Sidney John Oakley, a farm labourer, told of his meeting with the' others after the pictures on the night of October 10 and the trip to Malone’s. Hei'had got into Malone’s lavatory first, ’but could not get through.' Elliott said: “Let me have a go at this/ I an( an old liand at the game.” Elliott called out for someone--to help him with: the beer over the tin fence. Rudings went .over the fence and gave Elliott a hpnd. Smith and Sullivan carried it to the car while he stacked it under the' s,eat. , The beer was drunk in the kitchep of - his house. . “IT’S UP TO : YOU. NOW.”' : ‘> Oh the) way back from • taking Sulli< van home Elliott suggested breaking in-' , to ; McDonald’s) Elliott said: “Well/I ~ did Malone’s; it’s, up to you to do Me-/. Donald’s.” Oakley legged Smith, through .) McDonald’s lavatory window. Smith:was • in there a quarter of an hour arid camp, blit through another window with cig- ■ arettes -in his. pocket. . The, cigarettes were divided between the four of them.'/ ■ To. Mr. Bennett; The last statement/ lie made to/the police was true/The ' ■previous statements contradicted:'-the • evidence he had given in .thp cour't ’that day) * As regards; Malone’s, Smith .did. not go over -the ‘ fence at all. He did' riot-see) any ginger ale that -.night arid Hun wick was ..not at the house. The \ ■beer that was not'drunk was left, some ' under the hedge and some in the car. . Raymond J. V. Elliott, motor _ mechanii of - New, Plymouth,. 'said'.- he ..aril . Smith ) had- entered . Malone’s/prpmises. '- They broke ..open a shed - buF'tlirife - was / nothing of .value in. it, so)’ they 'returned to the car. ~. He arid forced .. an. entry .through the ceiling. He: camp t out and called ■ the boys over, ,' got. over, the fence. • Elliott took about a , dozen bottles and handed , them - over ' the. fence, wdiere they were received by ) Smiths and Sullivan.— —■ / . To-Mr. ,Bennett: He thought Rudings ) went into: the building at, Mril°rie’s.>Ho had pleaded guilty to a series of 35 crimes, mostly committed, in July and August of this year, and including the ' offences before the court. you -have asserted that in those crimes ■ “ you were, associated with eight, different .young . nien;, five in New, Plymouth arid three in Stratford, said Mr. Bennett. • Elliott; Yes, sir.' , ' . • In practically: all of those crimes you have used a motor belonging- to your father, or obtained, in ; his garage and not belonging to either of you? Dn almost every occasion you had some implement or other conveyed about*in the car? ).. . ' .. , ■.')■';/ Elliott: Yes. •.'•.• ; Constantly available for breaking and entering? <' ) ' Elliott: I don’t understand you. Mrs. Oakley, wife of Sidney John Oakley,' gave evidence of the visit of the men to the house. Smith and Elliott had stayed the night. The next day she had moved the bottles from the kitchen into the front room and coy- ) cred them. To Mr. Bennett: She saw no bottles of ale or stout that night at all, and .. all she saw next morning were the six empty bottles. She saw no packetsof. cigarettes divided in her bedroom. : She was awake all the time the ■ men were there and would most likely have seen them dividing the cigarettes if they had done so. ; That completed the Crown’s case, said Mr .Weston. , : ). At this stage the court rose and the case was adjourned till 10.15 a.iu. tins morning. YOUNG MEN PLEAD GUILTY. THREE REMANDED FOR SENTENCE. ’ Arthur Rudings and Melville Sullivan pleaded guilty in the Supreme Court at New Plymouth yesterday to charges of breaking and entering the premises of D. J. /Malone and Co., at Stratford, on or about October 10, 1928, and stealing four dozen bottles of ale and stout, valued at £2 16s; and with receiving four dozen bottles of ale, valued at £2 16s, knowing them to be stolen. Mr. N. H. Moss, who represented the prisoners, reserved his address. Tho Crown Prosecutor (Mr. C. H. Weston) intimated that the two would bo called to give evidence in the case of others involved in this crime. In view of that, his Honour remanded the prisoners for sentence. Sidney John Oakley (for whom Mr. N. H. Moss, appeared), who was separ-;. , ately arraigned on the same charges, and ; on similar charges relating to the breaking, entering and theft of_ cigarettes valued at £1 16s 9d and money amounting to 3s Gd from the premises of Wm. McDonald, Stratford, pleaded guilty to all the charges and was remanded for sentence. . . ; ’ '