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BREAKING INTO THE "CASK."

Newyddion
Dyfynnu
Rhannu

BREAKING INTO THE "CASK." three Swansea Labourers Indicted At the Swansea Assizes on Friday, Mr. Justice Kennedy and a jury had before them the "Cask" breaking and entering case, in which David Price (26), labourer; Albert Charles (43), fireman; and John Delbridge (25), labourer, all on bail, were indicted for feloniously breaking and entering a ware- house of the Swansea United Breweries, Ltd., and stealing therein one clock, one pier-glass. nine brass taps, and six pieces of lead wiping, their property, on the 14th June last, at Swansea. Mr. Llewelyn Williams apoeared for the prosecution, and Mr. Davies-Williams defended. The license of the White Lion (known as The Cask), Goat-street and Gomerian-place, was not renewed n May last, and the pre- mises became unoccupied. Later on Mr. W. H. Jones ^accountant in the employ of the Swansea United Breweries, Ltd., the own- ers) visited the place, and certain lead pip- ing and taps were missing. About the same time the prisoners were offering the piping and taps for sale at Messrs. Williams and Sons' foundry, Greenfield-street. Mr. Frank Burnie, employed by this firm, asked the prisoners where the goods came from, but he now told the judge that he could not re member the reply that was given. Anyhow, on June 15th P.C. Howard went to the; house of the prisoner Price, at No. 9, Gom- I erian-place, opposite the Old White Lion, I and saw the clock (produced) hanging up. J Asked to whom it belonged, Price said it had been given him by a friend, but when oues- tioned as to the friend s name, replied, "I would rather not tell you." The constable then said that prisoner was to come to the police station, whereupon the latter an- swered, "I might as well tell you the truth. I took it from the Cask yesterday, and I am only waiting to see someone to put it hack." Howard also saw the pier-glass (produced) there, and on going into the public-house lie found a number of engine beer- taps on the bar counter. Price was charged with stealing the lead piping and beer-taps that had been sola but he made no reply. The constable on the following day visited Delbridge's house, and; that of Chailes. Both men made statements and were arrested. Subsequently, Howard I made a thorough investigation of the White Lion premises and found that a hole had been knocked through the cellar wall that communicated with the coal house of No. 9, Gomerian-place where prisoner Price lived.; While in the police cell, both Delbridge and Charles made statements which they signed in the presence of the third prisoner. f.)el-j bridge, in his statement, denied breaking the walls, and said the hole was there when he went though into Dai's house. He knew nothing about the clock, but admitted as- sisting to take the piping and taps which they sold—"Me, Dai and Albert." The pier glass would not go through, the statement added, when he (Delbridge) was there. Charles' statement, was to the same effect. Price. said nothing to cither of the two statements. The cross-examination of the witnesses was very slight, and seemed directed to points | of law," which Mr. Davies Williams ait the close raised. Counsel contended in the first place that the premises were not a ware- house withm the meaning of the Act but an unoccupied dwelling house and secondly that, with the exception of the clock, the other articles were fixtures. On the latter point, Mr. W. H. Jones was recalled and he admitted that some of the taps were attached to beer engines, which were fixtures, but raid that the taps actually sold were contained in a tin box in the cel- lar. Mr. Davies WiHia-nis That disposes of the point so far as the clock and the taps are con- cerned. The Judge Then. with regard to the other things. I am inclined to agree with yon that they formed part of fixtures and no doubt II the charge must be under the statute. Mr. Llewellyn Williams submitted that whether it■a warehouse was a question of fact and not of law. The Judce The question of fact is whether there is evidence to support it. Mr. Williams There is no definition of a warehouse? The Judge There is none that I am aware of. Mr. Llewellyn Williams submitted there- fore it was a question of fact for the jury. With regard to the other point,, counsel said that the piping as a fact had already been torn down. The Judge agreed that in that case it would not be a fixture although it was running it rather tine. He did not think, however, there was any evidence of the place being a warehouse, and therefore the charge must be reduced tc one of larceny. He would add that he had very grave doubts as to whether it would be safe on the evidence, apart from the point of the warehouse, to prove any breaking and entering as the hole in the wall might have existed for some time. On behalf of the prisoner, Price, whom he represented, Mr. Davies Williams called Dr. Lloyd Edwards to show that, as a result of an injury Price had received to his head, he was, when in drink, not susceptible to or- dinary dealings. Price was put into the box and professed ignorance as to how the other prisoners and the clock got into his bouse. He was not present when the piping and taps were sold and when Delbridge said he was he (Price) was stopped from speaking. Price added that the hole in the cellar wall had been there for years. In summing up, his Lordship remarked that the clock, according to Prioe's defence, that came into that prisoner's house at the hand in drink, might have been returned through the hole at the hand that was sober. It was for the jury to say. Prisoners were all found guilty of the lar- ceny. Prisoner Charles Can I be tried under the First Offenders' Act. The Judge We have already done that. Delbridge, who had had four previous con- victions, was sentenoed to three calendar month's imprisonment with hard labour. Charles and Price were dealt with as first offenders and bound over in JC10 to come u.p

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