COMMITTED FOR TRIAL ON BREAKING, ENTERING AND THEFT CHARGE

Wanganui Chronicle, 7 March 1947, Page 6

COMMITTED FOR TRIAL ON BREAKING, ENTERING AND THEFT CHARGE

Pleading not guilty to a charge of breaking, entenjg and theft, John Joseph vvalsh, single, aged 2b, of Bignell Street, was committed to the Supreme Court for trial by Mr. J. H. Salmon, S.M., in the Vvanganui Magistrate’s Court yesterday. Detective - Sergeant J. K. Robertson, conducting the case for the ponce, brougnt as his first witness jean Norah Will, school teacher, who explained that on December Id she had left her portable typewriter at tne office of Coney beer Bros, fori overhaul. She identtilied tne machine produced by the police as her property.

j he machine in question was found to be missing on December 31, a door on tne premises also being louna to be forced, said Lawai u Coneyoeer, partner in the firm oi Coneybeer oros. A working coat and a aocket which had been in the machine vv.ere discovered in an act joining garage, witness related how, in answer to an advertisement on March 3, he had communicated witn a man who was in possession of the typewrite:. Alexander Moyes, oi vvanganui, stated that on February lb he haci

mCi. accused in a restaurant and as a result of a discussion about typewriters had examined a machine at accused’s lodgings. Witness bought tlie typewriter ror £8 lUs and took it away. Last week witness advertised the macnine for sale, in an interview with Detective L. B. Vasta, at which witness was a party, accused had stated that he had secured the typewriter iron: an unknown man in an hotel. “MACHINE MIGHT BE HOT” Detective Vasta told the court how he took possession, on March 3, oi the typewriter ana the next day interviewed accused, who said he had secured the typewriter from a man in a hotel about Christmas. Accused said he tnougm the typewriter might be “hot,” so he took a bill of sale from Moyes when it was sold to him. Accused said, in the presence or Moyes, that he bought the machine in a hotel lor £7 lbs. Moyes said: “You told me you bought it in Auckland and that you gave £8 lor it.' Accused said: "1 thought it might be ‘hot’ so I gave you a bill of sale for it. You are in the clear, anyhow.” After consultation with his solicitor, accused had said he did not think it was necessary to make a statement.

The submission was made by Mi Horsley, counsel for the delence, that there was no evidence against accused of breaking and entering. Had the charge been one of being in possession oi stolen goods, or or receiving stolen goods, there might be a prima facie case to meet. The magistrate commented that it was now lor accused to show that he had secured possession of the typewriter honestly. There was evidence of the breaking and entering of Coneybeer Bros.’ premises, of tne theft ot the machine, and the accused having it in his possession later.

Bail was renewed at £lOO in accused’s own recognisance and one surety of £lOO.