MAGISTERIAL.

Timaru Herald, Volume CXXIII, 30 March 1926, Page 8

MAGISTERIAL.

JIMARU—MONDAY, MARCH 29. (Before Mr £. D. Mosley, S.M.) Charges of having attempted to break a lid emer tile premises m boater ami Co. anti Alstons. Ltd., on MaruJi 21, were preferred against Charles Peter Cauiey, a native ot Scot.and, aged 41* years, and Leonard Charles Hashell, a native of Png-land, aged 2f years. Mr Brady appeared on behalf of t-h-o accused Clancy. The charges were .taken separately. Keith Harold 'English, residing at 250 Stafford Street North, stated that on the night of March 21 h e was at home and at about 6.5 p.m. he saw two meii entetr into the adjoining yard. They were acting in what he regarded n s a suspicious manner so he watched them. They then' came into Air Souter’s premises immediately helow the window from which witness was watching. Witness saw Clancy try the handle of the back door while the other man was tampering with the window. The man then caught sight of witness and both hurriedly left. Witness followed them on to the street but saw no sight of them. "Witness then rang Air Souter. It was broad daylight and ho was absolutely sure that the accused was the man. '

To Mr Brady: The yard in which ho first saw them was at the hack of: n shop known as Joylami. When they saw him they left immediately. Tie did not actually sec them running a Way a s his vision was obscured. Gilbert frank Alston, manager of Alstons, Ltd., stated that on the night in question he visited the shop at 6.40. The doorway of the shop was a very deep one and contained two island show

cases. It was dusk at the time and lie saw two accused standing behind the island cases. He watched them for u in.nute and saw them' leave in the direction of Stafford Street North. On going to the door lie found that the padlock had been, broken, the screws attaching it to the door having been pulled out. Witness informed Constable AlcClelland who accompanied him to the shop. Outside the shop he saw the two accused and pointed them out to the constable.

Leonard Charles Haskell, one of the accused, also gave evidence. He stated that he arrived at Timaru on March 18. On Sunday, March 21 he met Clancy whom he had known previously, about 9 o’clock in the morning and they spent the day together.' He told Clancy that he had no money and wanted work. Clancy told him that there was no chance of getting work and the best thing he coulddo would be to leave the town. During the course of conversation witness'mentioned the possibility of breaking into some shop with tho intention of obtaining sufficient money to enable him to leave the town. At about six o’clock in the evening Clancy and he Went round to the hack 'of .Toyland. next to ‘-outer’s hoot shop. Prevouslv they had been in Alston’s sliop where they tried the locks. they having nevertheless agreed to break into some shoo. They then went down to the back of Pouter’s bootshop.' where witness found a tyre lever, with which be attempted to raise a window. Clancy wa,- at the end of the vard, witness heard the door of the shop rattle ns if being tried. When they left the premises both were walking. They returned to Alston’s where both tried to remove the Itick with'it. Even- j tuallv witness succeeded in removing the part that fitted the lock to the door. Somebody pulled up outside in a, motor ear and walked into tho doorway. Witnes- and his companion were standing in the recess at the opposite side of the show easel,' Both walked

out and proceeded up the street. At that time Clancy hud possei'sion of the tyre lever. The plans were not made up previously but were formulated as they proceeded.

To Air Brady: He first met Clancy on the s.s. Manuka on which boat both were employed. When they met in Timaru on tho Sunday Clancy said he had just terminated his employment and was worrying where lie would obtain the money to pay his board, stating that he had no money. Witness and Clancy decided that if they could get some money they would go away together. Clancy said that lie could possibly get work for both of them in Wellington. I-Ie did not say that there was any agreement between them to break into any buildings. He did not actually see Clancy try the door, but heard it rattle. ' At Alstons Clancy touched the lock with hand and also with the tyre lever.

_ Evidence regarding the arrest was given by Detective Walker. He stated that in bringing the men to the station he heard something drop to tho ground, but at the time could not find the article. Near the police station ho detected Haskell trying to pass his pocket knife to Clancy. On the next morning Ciancy said he had thought the matter over and wished to make an explanation. He gave a statement regarding the matter, stating that lie did not realise the ■'’eriousness of the offence. After receiving the statement witness went to Barnard Street and found tho tyre lever produced. Similar evidence was given bv Constable McClelland. He stated that on the following morning the accused Clancy admitted the offence. r io Mr Bradv: Accused admitted the olfence on his - own accord and fully I’nrlpri'tc.od with what he was charged. bVitncss was clearing out accused’s cel j at thetime and v aid nothing to accused j regarding- the offences.

At this stage Mr Brady a,’keel for an adjournment until . after lunch in order to allow him an opportunity of co-'fnvrjno- with his cb'ent.

After the adjournment, both tbe. accused pleaded guilty, and wore committed to the "Supreme Court for sentence.

I DRUNKENNESS. | A first ortender tor drunkenness was j fined 10s, in deiault d-1 hours’ imprisonment. ! Patrick Coyne, charged with drmikj enness and also causing wilful damage I to niruiuuo, tne pioperty of tne i>cw j Zealand Government, was convicted i and fined 10s and costs and ordered to pay tlie amount of damage, 12s fid, in. deiault 24 hours’ imprisonment. FISHERIES ACL’. N. Macdonald was charged on tho information or the Collector of Customs that, being the owner ol : a fishing boat, ho did not show the letters arranged in the register of the boat as piovidcd by tho Sea Fisheries Act, ulso with not bearing the registering port of the boat on the outside, of the stern. Ho was also charged with havj ing taken on March 17, fish of less weight and size as jirovided by the ! Act, and with Jiaving used a net of a I mesh less tlian 2.) inches. Mr C. W. Webber appeared for defendant, who pleaded guilty. j Mr F. Oxford, Collector of Customs ; / at Timaru, said that as a result of j i trawling operations in the Bay a watch ] was kept and defendant was caught by one of his officers with a hag in his boat containing three bounders tinder 9 inches, two soles, also under 9 indies, and a barracouta weighing less than Bozs. The net used was a her- ! ring net. and all other fish caught ! other than herrings should have been placed back in the water. To take fish of all descriptions a net with a 4 inch mesh should have been used to permit of the escape of under-dzed fish. Defendant seemed to be under the impression that lie coakl use the net for the taking of any kind of fish. Macdonald, did not .sell fish, but kept, j his boat licensed in the event of his wishing to do so at any time, otherwise he could have taken out the ordinary sporting license which did not involve the regulations regarding the painting of all registration marks on the boat. To His Worship: Defendant could use that particular net in the Bay if he wished, hut all other fish beside herring should be immediately thrown back. Mr Webber said that defendant was using tlie net in ignorance of the re- I

quirements of the law. Defendant did not see the undersized flounders and solo placed in the hag, and knew nothing of the matter. In view of the circumstances he would ask for the minimum penalty in each case. His Worship stated that the real intention of trawling in the Bay would undoubtedly he for the purpose of taking flounders and soles. He had watched trawling operations on the Bay, and had never seen many herrings taken. Defendant stated that the herrings came into the Bay in shoals and might not have been seen on the occasions when Ins Worship was there. Tlis Worship: Still, I suppose you would prefer a flounder to a- herring? Do'cndant: I believe that is quite true.

On file charge of having taken undersized fish defendant was convicted ii ’d fined £2 and costs 7s; on the charge ot having used an illegal net, fined £i and costs. On the other charges lie was convicted and ordered to pay costs.