A REMARKABLE STORY

Wanganui Chronicle, Volume L, Issue 12711, 23 March 1911, Page 8

A REMARKABLE STORY

MAN CHARGED WITH BURGLARY

INFORMANT THEN DENIES

CHARGE

SCENE IN .AUCKLAND COURT

(Per Press Association.1)

AUCKLAND, March 22

A i-emarkable story of an alleged burglary, the arrest of the supposed housebreaker and the subsequent retraction of the charge, was told to Mr. C. Cutten, S.M.; at the Police Court to-day. ' :;,

On the night of the 15th inst., a woman named Mrs. Sindley called a police officer "to her house and declared that she had seen a man enter by a window! ■, The policemanu^nd the lady entered the house, antf^he declared a number of househould articles and a piece of jewellery were missing. The officer then-made a search, but could find no ono in the house. He went outside with Mrs. Sindiey and a man was seen"close by. He was pointed out by "Mrs. Sindley as ".'being thei intruder, and the constabFe.rinvited"him into the house, where he searched him. In several pockets he found several articles identified by the woman as having been stolen. The man's name was Wm. Tozer, and he was taken into custody. Subsequently he was brought before the Court charged with breaking and entering the house and stealing goods to the-Value of over £5.

Sub-Inspector Hendry received a remarkable letter from Mrs. Sindley, in which she said: "I wish to let you know that the statement I made about the man Tozer breaking and entering and stealing certain articles was untrue, and I have no intention to go to Court and swear any lies, as at the time Pmade the remarks I did not know what I was saying. I thought it only fair for all concerned to let you know. .1 am also notifying Tozer's solicitor of the above facets."

When the case was called on today, gub-Inspector Hendry saicl it appeared that someone had attempted to tamper with the ends of justice. The woman Sindley, before calling the police, took a boy to; her house and, peering through the*'fence, the lad saw the foot of a man disappearing through the window. Then, when the accused was arrested, she plainly accused the man in the presence of the officer. The boy gave evidence and a jeweller's traveller deposed to selling Mrs.; Sindley a brooch which was found on the accused. When Mrs. Sindley was called she appeared very v excited. At first she emphatically refused to take the oath. "I'll speak the truth without the Bible," she said. She was at- last persuaded by the magistrate, and reluctantly responded "I do"\to the exhortation,.

bub-Inspector Hendry: You charged this man-1 with stealing your property? —Yes,: but it is not true.

And you accused him of getting through the window?-—Yes, but that was a false statement. ;

The Sub-Inspector: Very well. Tell the Courilyour etory. ' - • ..- The witness related the following story •— ''I. met,this man, who I know: and hate;'in Upper' Queen Street on that night,, and whenever I see him he insults me and I hammer him. He ran away and came up to my house and taunted nic later in the evening, and I said I'd swear he broke into my house and that's what I did." At.times during her evidence witness became wildly excited and, alternately addressing accused and her husband' who : Avas standing at the .back of the Court, she expressed the hope that she would be able, to murder them both. The charge was-altered to one of entering a dwellinghouse and, stealing, instead of breaking and entering, on account of insumci>it evidence. Accused denied the offence. Mr. Cutten said he thought nothing, would be gained by sending the case to a jury, and he dismissed the case.