ON TRIAL ON 25 CHARGES

Taranaki Daily News, 22 November 1929, Page 11

ON TRIAL ON 25 CHARGES

L. E. SMITH IN THE COURT FOURTEEN BURGLARIES ALLEGED. HEARING OF CASE IN PROGRESS. Faced with 25 charges concerning 14 burglaries perpetrated in New Plymouth and Inglewood between July 13 and August 18, Leonard Edward Smith appeared before Mr. Justice McGregor yesterday and pleaded not guilty. The evidence for the prosecution had not been completed last night, and will be continued this morning, when the examination of Raymond J. V. Elliott, who has pleaded guilty, will be resumed. The following jury was empanelled: W. Hayward (foreman), H. J. Peterson, A. Rowe, D. J. Lynch, W. R. C. Hughes, E* Eccles, W. T. Kisby, H. R. Ward, J. F. Webber, C. Wilson, J. Johnson, A. Vernon. Counsel's table looked like the counter of a second-hand shop. Scattered over it was a miscellaneous collection of hardware, each article bearing a neat identifying label. There was a large and powerful pair of bolt cutters, a crowbar, a tyre pressure gauge, a cash box, a tyre lever or two, and a gold ring. On the floor was an office safe with a big hole torn in the bottom. Mr. C. H. Weston appeared for the. Crown, and Mr. A. A. Bennett for Smith. With the exception of the last three, all the following indictments against Smith were associated with alternative charges of theft:-—. . ..... That on or about July 13 he did by, .. • ’night break and enter the shop of Newton Allen and steal cigarettes' and . chocolate to the value of £2 ,10s. • '• '■ That on or about July 17 he did by night break and enter the premises of William Abraham, and steal a safe and its contents, valued at £2l 19s. Hd. ' That on or about July 22 he did by night break and enter the premises of the Vacuum Oil Company, and steal a cash box and its contents, valued at £6 19s. lid. That on August 11, at New Plymouth, he did break and enter the office of the Vacuum Oil Co., and steal the sum of £1 2s. Id. That on August 12, at New Plymouth, he did break and enter the premises of L. H. Hall and attempt to steal a safe and its contents, valued at £lOO. That on August 17, at New Plymouth, he did break and enter the premises of Richard 8. Richardson, and steal , one tyre pressure gauge, valued at 7s. 6d. That on July 23, at Inglewood, he did by night break and enter the’ premises of James McLean and steal cigarettes to the value of 15s. That on July 23, at Inglewood, he did break and enter the premises of D. R. Hinge, and steal the sum of 7s. 9d. That on July 23, at Inglewood, he did break and enter the premises of John Burnip, and steal the sum of: - of 12s. 6d. ' That on or about August 7, at New Ply-, mouth, lie did break and enter the store of the New Plymouth Harbour Board, and steal one detonator valued at 2s. That on August 10, at New Plymouth, he did break and enter the premises of Charles Swanson, and steal one cash box, money and stamps, to the value of £2 12s. That on July 23, at Inglewood, he did by night- break and enter the office of the Inglewood County Council with intent to commit a crime. That on July 27, at New Plymouth, he did attempt to break and enter the office of Stainton and Co., with intent to commit a crime. That on August 18, at New Plymouth, he did attempt to break and enter the premises of John Avery, Ltd., with intent to commit a crime.

“AMAZING CIRCUMSTANCES.” “These charges are woven round a most amazing set of circumstances,” said the Crown Prosecutor (Mr. C. H. Weston), in opening. He explained that between July 13 and August 18 14 burglaries were committed. . The jury had to consider whether Smith was a party to them. There was the evidence of the shopkeepers and of Elliott, who admitted being implicated. Another amaz'lg circumstance was that on these burglarious expeditions the thieves were accompanied by. a young girl named Brosnan, who married Elliott.after his arrest'. The Crown case was that she actually played no part in the offences, but was simply a spectator. These were not cat burglaries about which they had heard lately, continued counsel, nor were they burglaries by stealth. They were bold and reckless offences, carried out by forcible methods. Doors were broken open either with the crowbar or. the tyre lever produced. In many instances, the perpetrators, had used bolt-cutters to cut bolts. . It was to be noted that the sum total gained from the burglaries was only £l7 Is. Bd., so it was apparent the business was not profitable. However, the sum did not represent the loss to shopkeepers in damaged property. The discovery that their premises in New Plymouth and Inglewood had been broken and entered was related, on similar lines to the evidence in the lower Court, by Harold D. Hunt, Newton Allen, W. Abraham, Bernard Larsen, James McLean, D. R. Hinge, W. 8. Steele, G. W. Childerstone, C. Swanson, L. H. Hall, R. S. Richardson, F. A. Avery and C. H. Barnes. The evidence showed that in many cases some blunt instrument had been used to force. an entry, and boltcutters to destroy padlocks. The evidence was purely formal, and there was no cross-examination. WITNESS’ OBSERVATIONS. Lionel W. Sturmey said he had seen Smith and Elliott together near Abraham’s shop on the night of July 17. They were leaning against a concrete wall. He recognised Smith clearly, but did not know Elliott very well then. He now recognised it was Elliott. Constable Mitchell said that when proceeding towards Fitzroy about 9.30 p.m. on July 17 he overtook and passed Elliott’s car. About a quarter of an hour after seeing Smith he saw both him and Elliott driving back towards the town. In company with Sergeant McGregor he saw Smith and Elliott talking together outside the A.M.P. billiard saloOn in Egmont Street at about 5 o clock on August 17, and saw them drive away towards the seafront. Smith and Elliott were standing close together, and seemed to be having a very intimate conversa-

To Mr. Bennett: The two men were practically in the doorway of the A.M.P. billiard saloon on August 17. Richard Inch, nightwatchman at New Plymouth, said that when he saw the open. gate of Avery’s premises . on the .night of August 18. He went into the yard and saw there were no padlocks bn the door, and next morning he reported the occurrence to the proprietor. Raymond J. V. Elliott then gave evidence alleging that Smith was associated with him in the offences mentioned in the charges. He said that ho and Eileen Brosnan (now his wife) were at a dance on the' night of July 13 when Smith persuaded them to take him in their car to Westown. They stopped near Newton Allen’s grocery store, to which Smith took the tyre lever and from which he returned with a biscuit tin containing cigarettes. Later he returned to the shop and secured a large box of chocolates. This box was subsequently thrown into the Huatoki stream. Referring to the alleged breaking, entering and°theft at Abraham’s premises, Elliott said that Smith asked him if he had at the garage where he was employed anything that would open a safe. Witness said he had and he secured a hammer, cold chisel, bolt-cutter and crowbar. These they took with them in Elliott’s car. He described how Smith broke and entered the building, the evidence being on similar lines to that <riven recently in the lower court. He fielped Smith to drag the safe out to the car in which it was taken to the Waiongona River and rolled on to the river bank. There he and Smith broke it open after working at it for two hours. It contained £3 10s in money, two finger rings and some books. He gave Smith one ring and put the other on his own finger. It stuck there and he had to cut it off with a wire cutter. The books were put back into the safe, which was tipped into the stream. Elliott recalled seeing Lionel Sturmey and another man on the other side of Devon Street one night when he and Smith were together. Smith said Sturmey was a police “pimp,” and that if he saw them together he would “pot them.” Sturmey and his friend crossed the road and walked up Eliot Street. Concerning the first visit to the Vacuum . Oil Company’s premises . in Moles worth Street on July 22, Elliott fftiid that after arriving there Smith told him to watch outside the gate. He could hear Smith opening the door with the lever. Later Smith came out with a cash-box under his coat and they returned to the ear. They opened the cash-box when they reached the bridge over the Te Henui, They secured £3 and threw the box and some stamps into the river. On August 11 he met Smith at the garage. Smith said they would never suspect the Vacuum Oil Company’s premises would be broken into a second time. They took the tyre lever and drove to Molesworth Street; where the ear was pulled up outside Rollo and Millar’s. Smith went away, with the crowbar but returned later to say that the door was too tough. Saying that he would not be beaten by the door, Smith went back. He made an entry and obtained £1 2s Id. ? After Elliott had repeated the details given in the lower court of the alleged entry of premises at Inglewood on the night of July 23, the court adjourned till this morning.