THEFT OF TORCHES.

Timaru Herald, Volume CXXIII, 13 August 1926, Page 8

THEFT OF TORCHES.

SKOAV CASE ROBBED. POLICE ACTION COMMENDED. The breaking into a show case out,skle the premises of Messrs J. RMcKenzie and Co., Ltd., on Sunday night, August 1, was explained at the Timaru Magistrate's Court, yesterday, when Leo O’Shea, John Patrick Evans, and Bernard Henry 'Newitt were charged before Mr E. D. Mosley S.M., with stealing three electric torches, valued at £2 15s ’ 6d,‘ from J. R. McKenzie and Co., Ltd.' Air A. D. Mcßae, appeared on behalf of the accused, who pleaded not guilty, and elected to be dealt with summarily. Senior-Sergeant Fahej' stated that the show case in front of Mr McKenzie’s shop was intact at 10 o’clock on tho night of August 1. Constable Hogg saw the three accused ill the direction, of the shop, and later a passer-by saw the three men near the show case and heard the sound of broken glass. The men were then seen walking' quickly away up Stafford Street. On the night of August 7 Constable Hogg again saw the three men. They proceeded up Barnard Street and went into a right of way. The men were using a torch and the constable followed and questioned them. In the early hours of the next morning Constables Hogg and AValdon saw the three accused at the pie cart near the Club Hotel: ■ AVhen they were walking away a torch was dropped by one of the defendants, and they were arrested. Ethel Tasker, manageress for Messrs McKenzie and Co., Ltd., gave evidence as to the dressing of the show case in the front of the shop. Included in the articles were a number of torches. The case was afterwards locked. .On Aug. 2 she examined the articles returned by the police, and found that torches to the value of £2 15s were missing. Lucy Goddard, a sales assistant in the employe of the firm in question, gave corroborative evidence. Constable Hogg said that on the night in question he saw the three accused in company with a man named Edward Neclclin, proceeding north along Stafford Street. At halfpast ten he received certain information as a result of which he went to McKenzie’s and saw that the locks had i?een broken open. From: the time he saw the men go up the street he saw another four men in the street. At 10.30 a,m„ August 7, he saw the three accused with two other” men near Gabites’ corner going towards Barnard Street. Witness Went through the Excelsior Hotel, and into the right of way at the rear. The men were in the right of way displaying a torch. As soon as they saw witness they put out the light and left. AVitness followed them as far as the Commercial Hotel, where he lost sight of them. At 2.30 a.m. witness was on his heat and saw the men near the pie cart. They walked across the road, blit when they saw witness they left in another direction. Passing the water trough the accused threw something on the ground. AVitness .went over and found thp torch (produced). AVitness questioned them regarding the torch and arrested them. A search was made at Evans’s residence, and three torches were found. Evans explained that the torches .were,: purchased by him at an auction market in Christchurch. In their statement they denied being in Stafford Street on the night in question, and they also denied being in the company of the man Necklin. To Mcßae: The street was practically deserted at 10 o’clock that night. When he saw the three men. in the right of way he could not tell which of the men had tlie torch. The men were not abusive. ‘

Creighton Lillico, stated he was going along Stafford Street at about 10.15 on the night in question and saw three men standing near the show case in question. After lie had passed he heard a crash of glass. He walked into the centre of the road and saw the men leaving from the direction of the shop. To Air Mcßae; AVliat drew his attention to the men was the fact that they were using bad language. The men were standing with their backd to the show ease. He heard the crash when lie was opposite England and Mcßae’s. He saw the men - taking goods out of the case. A gentleman came along and both stood conversing about it. The other mail said: “Are they getting a good haul?’ Both then left the scene and pro_ ceeded homeward. Constable Walden gave corroborative evidence. Albert Andrews, labourer, residing at Timaru, gave evidence as to being in the company of the accused Evans on Saturday, August 7. The toryh produced in Court was used oy Evans. Mr Mcßae said the onus lay On the police to prove the offence. No direct evidence had been submitted to show that the three men charged were those who had committed the alleged offence, and the witness Lilico, was the only'witness brought forward by the police whose evidence had any bearing on the case. He submitted that although he had given his evidence in a straightforward way, Lillico’s attitude at the time of the alleged offence was hard to understand.

Archibald Smith, a wharf labourer, stated that on the night in question he was oil his way home, and passing the show case saw it was open. He met Constable Waldon further up the street and he said he would go down right away. He knew the three accused and had not seen them since. To Senior-Sergeant Fahey; He knew the accused through working on the wharf with them. His Worship said that in his opinion the actions of Constables Hogg and Waldon must be commended. Their actions and movements on the night in question showed that the police were very fully alive to the necessity of protecting property. An attempt had been made to minimise the evidence of witness Lillico but he was perfectly satisfied with that evidence. Under the circumstances,said ilis Worship, he quite realised, the attitude of Air Lillico in not interfering in the robbery. He heard a crash shortly after seeing three men near the show case. It was obvious .that those three men were the men he had seen near the show case. Constable Hogg had seen the three men near the Arcade shortly after 10 o’clock. Constable Waldon had 1< Constable Hogg at about 10.7, and had gone up the street and the show case was then intact. 1 On the next Saturday night the men were about the streets until a late hour and while under observation by the constables threw down a torch which had been identified by the witness Andrews. With all the circumstances of the case taken into consideration a strong prima facie case hud been established, and it rested with the defence to bring a rebuttal, which had not been done.

The accused were convicted, Evans (who was already on probation for offences committed in Christchurch and Wellington.) being sentenced to seven days’ hard labour, while Newitt and O’Shea were placed on probation for twelve months. The two latter accused were also orderei ... pay £1 5s toward the cost of witnesses expenses.