LEGAL POINT RAISED

Wanganui Chronicle, Volume 86, Issue 110, 13 May 1942, Page 6

LEGAL POINT RAISED

■i POSSESSION OF JEMMY BY NIGHT a VACANT SHOP ENTERED “Accused was not actually found with the jemmy in his possession, and c i only made a subsequent admission to II the police. That is what, raises doubt r in my mind as to whether this case can be sent on to the Supreme Court,” said Mr. J. H. Salmon, S.M., in the ( . Magistrate’s Court, Wanganui, yesterday, after evidence had been heard in s the case of a young man charged with being found by night, without lawful i excuse, in possession of a housebreak- , ing instrument, to wit a jemmy. t To enable him to look into legal T 0 authority on questions raised, the ;1 magistrate remanded the case till 10 a.m. on Friday. In the meantime ac- „ cused’s name was ordered to be suppressed and he was allowed bail in his “ own recognisance of £lOO. “In view of the turn this case has taken accused F I should be admitted to bail,” said the magistrate. Senior-Sergeant F. Culloty prosecuted and Mr. P. Dickson appeared for . accused. . Evidence was given to show that on s October 30, last year, premises located at 112 Ridgway Street were let. A - week's rent was paid on the shop, but E no money was subsequently received. I s ■’ On January 27 it was discovered that the shop had been vacated, but the key had not been returned. A new ■ key was later fitted. Constable A. A. Fraser said that at 1.30 a.m. on May 9, while on night patrol in Ridgway Street, his attention ■ was attracted by a strange noise. He 1 subsequently went to the shop at 112 Ridgway Street, but it was in darkness and the door appeared to be closed. He searched a nearby alley without success, but. returning with Constable J. R. Gould, found the front door partly open. Within the premises they discovered an attache case containing a jemmy. A further search was made by Constable Gould and accused was found crouching on a root at the rear of the Rutland Hotel. He was taken to the Central Police Station, where he volunteered to make a statement. In this accused stated that for a period last year he rented the shop at 112 Ridgway Street, and was engaged in repairing radios. At the end ol November he returned to Wellington, where he thought he would do better on wages. In the meantime he left his radio equipment in the shop. Rent was owing on the premises. On May 4 he returned to Wanganui to recover the properly, but his key would not open the lock. That day he returned t.o Wellington and decided lo make a jemmy al the engineering works where he was employed. Early on the morning of May 9 he arrived at Wanganui again, but was only in the shop for a few minutes when he heard voices outside. He knew that the police were in the vicinity and became [lightened. He subsequently made his way out of the shop and climbed on to a roof at the rear of the Rutland Hotel. Accused added that he did not notify his landlord that he was leaving Wanganui in November, or advise li al he had left equipment in the shop. Giving further evidence, Constable Fraser said he found radio equipment in the shop, also two fresh jemmy marks on the front door. After submissions made by Mr. Dickson, the magistrate said he thought some offence had been committed, but he doubted whether accused could be convicted on the present charge, “i propose looking into the matter and will remand the case till Friday,” the magistrate added Wanganui Nominations. The following were omitted from the Wanganui Jockey Club nominations yesterday Minority (Connolly and Empire Handicaps); Nuna (Winter Oats and Belmont Handicap*; Hamish (River Hack and Balgownie Hack».