BURGLARY CHARGE

Waikato Times, Volume 118, Issue 19659, 20 August 1935, Page 8

BURGLARY CHARGE

SUPREME COURT CASE. THREE MEN INDICTED. TWO PLEAD NOT GUILTY. Charged with breaking, entering and theft, at Waharoa on the morning of May 16, Ernest Edwin Newton (24), Don Rudolph Melhose (23), and Graham Wilfred Morton (24) appeared before the Supreme Court at Hamilton to-day. Mr Justice Callan was on the bench. Melhose pleaded guilty to the offences but Newton and Morton pleaded not guilty. Mr H. T. Gillies appeared for the Crown, while Mr D. Seymour was assigned for Newton and Mr - F. Kingsford (Cambridge) was assigned for Morton. Benjamin N. Tanner, hairdresser and tobacconist of Waharoa, in evidence stated that he closed his shop at 8.30 p.m. on May 15 and when he returned on the morning of May 16, he found that his shop had been broken into. Entrance had been made through the back door. When he entered the shop he found that a great quantity of goods was missing as well as £5 to £6 in cash from a tin, a cheque book and a cheque for £l. The value of the goods was about £l4.

Hiring of Car. Mark Anthony, manager of the Drive-Your-Self Car Hiring Company in Auckland, stated that on May 14 at 6 p.m. accused, Morton, hired.a car for a day. On May 15 accused, who had a Hamilton Borough Council’s' driving license, . called again and hired the. car for a . further day, paying another deposit. The car was not returned. When witness eventually retrieved the car from a garage in Auckland the speedometer had been disconnected. It had shown that the car had covered 160 miles before the speedometer had been disconnected.

Leslie William Sampson, a taxidriver, of Frankton, stated that he knew Morton and Melhose and saw them at supper in a cafe at Frankton at about 11 p.m. on May 15. There was another man, whom 'he now recognised as Newton, with them. Henry-Richard Jeffery,;whose wife owns the cafe, corroborated the evidence of the previous witness that Morton, Melhose and Newton were in the cafe having supper on the nigh't of May 15. Hazel Bryce, married, of Waharoa. stated that' her house was about 120 yards away from Tanner’s shop. She was waiting up for her daughters, who’ had gone to a dance and between 2 and 3 a.in. she saw a car without lights draw up near Tanner’s shop. Three men were in the car but she could not recognise them.

Detective A. T. Gilharn, of Auckland, stated that on May 17 he and Detective Turgis, of Auckland, went, to a room in tile “Mansions,” Auckland, where the three accused were. Their bags were packed and it looked as if they were about to leave. While in the room Newton attempted to hide something under the mattress of the bed. Witness took it and found it to be a cheque book. Newton said that Melhose had given him the book. After witness interviewed Melhose he went to Surrey Crescent to search for gelignite, fuse and detonators but did not find them. One detonator was found outside a garage where the accused stayed and a lever was found inside the garage. Melhose had said that the lever was used as a ‘jemmy’ to open the door of Tanner’s shop. The luncheon adjournment was then taken.

Property Identified,

Continuing ills evidence Detective Gilliam stated that four suitcases, four parcels and a box were found in the room occupied by the three accused. When asked to claim their property, Melhose and Morton between them picked up most of the tobacco and other goods that were later identified by Tanner. In answer to Mr Seymour witness said that the only evidence he had that Newton was connected with the incident was his possession of the cheque book. Witness did not think it possible that Newton was trying to hide the cheque hook for one of his friends. Addresses by Counsel. Detective W. S. Turgis corroborated the evidence of Detective Gilliam. This concluded the case Tor the Crown. Neither Mr Seymour nor Mr Kingsford called evidence for the defence, both addressing the jury. Mr Seymour, for Newton, stated that there was no definite evidence that his client had been connected with the case. The only evidence available, and that was weak, was that lie was supposed to be at Frankton on the night of May 15 and the fact that tic had the cheque hook in his hand in the room when the detectives came in. There was only suspicion that Newton was connected with the burglary and no definite proof. He was charged with breaking, entering and I hel'l but. no evidence had been given to support the charge. , (Proceeding.)