NO PROOF

Gisborne Times, Volume LXV, Issue 10299, 7 January 1927, Page 6

NO PROOF

CHARGE OF BREAKING AND ENTERING AND THEFT DISMISSED.

POLICE SURPRISED

AUCKLAND, Jan. 6,

After having been ctiased along Burnell rioaci during tne height 01 a tnunderstorm about 2.50 o'clock on cue morning ot December 26 and becaugm, .jy uoiisuune a. Loilms, \\ iuiiim° Jtioggard tod) appeared be.ore Messrs j. Stratrord and Donaldsjn, j.si'., at the Police Court this morning, when he was accused ot ureaiving and entering the shop ot nun/ rtuston, tobacconist, l'arnell doad and stealing a razor, tnree pipes tobacco pouch and cigarette case, ot tne total value ot bs 6d. Henry Huston said he resided above lus shop. About 2.5 J a.in. on ■December 26 he was awakened by hearam a noise resembling the crashing of -mss. tie got out ot bed and found Tnat the plate-glass window ot his snop below had been broken. Shortly afterwards Constable Collins ijroindit the accused to-the shop. Just in front ol the broken window on the vootpatli witness round a show card

and razor. r In answer to a question by Ht'L" „ ar d that at the Darnell Police btaZon he had claimed a box of cigars and a small comb as bis property, witness replied this was correct. The box of cigars and comb did not beloim to witness. Hoggard had stated he knew nothing whatever about the stolen property. Constable Collins said he was walkin.fr along Parnell Road about k.od a.m. when he observed a man walkin<r rapidly in front of him. Un passing Huston’s shop witness noticed unit tne window was broken. he then <mve chase, and the man -in lront also commenced to run. When nearin./ him witness saw Hoggard throw away something. Hoggard ran into •i side street and witness caught hiin and brought him back to Ruston s shop, where accused denied all Kno'ledec of the broken window. Later, in company with Ruston, witness found a cigarette case in the lion warden of a boardinghouse outside ot which Hoggard had been seen to throw something away. In the side street where Hoggard was caught was found a tobacco pouch. Uthei property was found in another portion of the street. No stolen goods were found upon accused, borne 6U or 40 minutes previous to accused s arrest witness said he spoke to him underneath a verandah, when he asked him what he was doing At this stage Mr. Stratford said the verdict of the Bench was that there was no proof that accused stole the goods, therefore the charge would be dismissed. Senior-Sergeant Edwards. Alt Your Worships dismissing the charge before the defence has been heard.' Mr. Donaldson, the other Justice of the Peace: The Bench feel that the evidence tendered is insufficient to send accused for trial, and put the country to the expense of trial at the Supreme Court. The evidence given might just as well be tendered against anv other person. We tool that no ease'has been made out against

him. ~ , „ , Senior-Sergeant Edwards: It 1 mi./ht respectfully point out, Your Worships, the constable saw accused throw something away as ho ran oit. Hoggard then, in a statement irom the clock, maintained that a prima facie case had not been made out, and that lie should be discharged. Accused was then discharged by the Bench.. —P.A.