ALLEGED BREAKING AND ENTERING.

Wanganui Chronicle, Volume LXXVI, Issue 18248, 5 August 1921, Page 8

ALLEGED BREAKING AND ENTERING.

AT WANGANUI EAST. At the Court yesterday afternoon, before Messrs Liifiton and H. Cooper, J.’sP.. Charles M. Wallace was charged with attempting to break and enter by night the promised of W ,M. Lux*ford. of Wanganui East, on July 21st. Ivo W. M. S. Luxford, employed by his father in t’he store, stated that there were three doors by which access could be gamed to the whole of the building. On the evening of July 20th witness closed up the premises and secured all throe doors. Next morning he discovered that the catch of the lock had been broken and was lying on the floor. He produced the broken part. . Mr Slipper objected to this exhibit going in, as he contended that it had no relation to the present charge. The police were anxious to work on the fact that a burglary had taken place the night before The Bench thought this evidence should be brought out.

Mr Slipper then asked that the point be noted, as be intended to raise it in the Supreme Court. Witness, continuing, said there were no other marks on t’he door. The sum of £3 5s had been taken from three cash icgisters

Mr Slipper again raised an objection to this evidence, the objection beiner noted

Witness, continuing, said that he made sure of securing the drapery door by nailing a piece of board against it. He also drove a nail through the door at the top into the frame and one into the edge near where the lock had been. On the following morning he found the board of the drapery door was loose, although it was perfectly firm the night before. The nail he had placed under the lock had been sprung about a quarter of an inch, and the one on the of the door was also sprung.

To Mr Slippci : The tramway light shines on the wall of the shop where the doors are situated. The drapery door was set back from the wall about two feet. The light usually burnedtill the last car. near 11 p.m. Evidence was also given by John E. Provost, shop assistant, regarding the securing of the doors. Constable J. C. J. Thompson stated that about 9.50 p.m. on the 21st ult., accompanied by James A. Martin, he was at the corner of Duncan and Moana Streets in the shade of a telegraph post. He saw a tram car com© from town. It stopped at the store and then went on to the terminus. A number of women and children boarded the car at Luxford’s when it returned a few minutes after 10. When t’he car turned into Jones Street he noticed a man come out of the vacant section on the north-western side of Luxford's. He glanced up and down the street hurriedly and then went straight to the drapery door. He next heard a loud banging on the door. Witness hurried across the street but before reaching the door the man came out and walked about 15 feet to the grocery door and there commenced to try and push that door in. When witness spoke to him he had his back to the door and was trying to force it in. He spoke to the man and asked him what he was doing. The latter replied “he was scratching himself.” Witness asked the man his name and he replied “Hicks.” He stated that he lived at the top of Duncan Street. W/ness then arrested accused, and told him that the place had been burglarised the previous evening. Accused replied: “I know nothing about that.” On arrival at the police station witness searched accused and found 2s in small change in one pocket and in another £3 —two single notes and silver. Witness also found several papers bearing the name “ Wallace.” Accused also had two new collars and four new neck ties.-—The latter had since been the subject of another charge. Prisoner, at the station, remarked: “I was going to Wellington to-morrow to see the football. I know I am a b fool, and I don’t know what made mo do it.” Witness examt ined the drapery door next morning and found it had a quarter of an inch play. The latch of the grocery door was also loose.

To Nir Slipper: Accused was not under the influence of liquor, although he had been drinking, as witness could smell the liquor on him. James Alexander Martin, who was with Constable Thompson at the time of the arrest, corroborated the constable’s evidence. Accused was committed for trial at the Supreme Court. Bail in one surety of £2OO was allowed.