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TIlE MINYI I .IIURGLARY. t 1Michad .Islet lhgan and Septinius ? Sinclair ?ige arraigucn on a charte of a haivin, n IFeruary 12, at inyip, £ ilunii lu t ", and hIurelariously entered the pran. Ie- of Ftre?rick l:undas ý1 -mih. Mr. W. .I. l'aull (instructed by Mr. Clhampion. of Minyip) ap- th iared for Mlogan. Sinclair aas un dlfenbd,. ra 'The fllleuint jur? was uenpanilled: 13. .Al.lan ifoureuman), II. I. Illeffina:n, P tLeore 1i!e. S. Gross, :. .leukir.- PC . In . i. . Allan. C. Sch i.It, 11. u ill) .I. F. Fergtuson, .1. A.Anl.- de sn, .1. Mitchell and A. I'rry. .1 kletdh of lthe lcality was put in sn . i til,, ('rtow . tit icitr 'l'It llcr, ilerk in the Co: nmer- an ial tfia.ik at ilinyip, statld that the be -luiut'il,. Mr. .;litlh, resided on the ed link premi-es at the corier of Main be aI ti'hcun h streets. On Fbrn.ry 12 Jli tilt mauii?'er was away in 'furlough, if n1, oiitnlries dept on the premises. pr lie Ai-, the only person sleepinog on tI tie prrmiii ,. and it was -is custom th tietiminiul the windows and doors thl e.,ut night before retiring. With l.r. the ltnilt u , the relieving manager, he to hit thie premises shortly before f9 tin a l,.k land locked the door. lie dill pr ,iSt examine all the windows and we dotr-, ,but they were shut down. He coa r'turnnl about 9..15 with a friend, ba lluiiel Rowan. oltian called his at- t(1 Intiuon to a rug lying on the draw- glp i -roomr flour. lie entered the draw- a is -rt'om with a candle, and, noticed thi an orn tniet had been knocked down. Ins The iandle nus knocked out of his 'de d and rl he was seized. His assail- In aint .-aii.l him by the throat with to one .harsa. Witness pushed his head In lak and tihe hold was released. They wt f.l over. hut regained their feet, andi it hld a Itr_.il . Falling over the no itabl, wuness came on top and lie l csokol hiS assailant and humped his be adl ,no the table. A voice, which et he li'tonised as Hogan's, said, "It's hi ail up." lie held Hogran f.r about de Il w tods, and headda vc.,-ccel l-a irg. Later Hugh McLean came with ii a rifle and said, "Where is h... I'll pc n-h,, this down his throat" (meaning a the rile). " I'll shoot him." Ho- do kal -aid, "Don't shoot. It's 'ick re, Ilasn." They got a light and lift- dr el 'llgan to his feet. lle ha:l no c hoots on and there was blood on th hi fa,,e. 'onstabie Finlayson arrived si irtly aft1r and took hogan inl o ichar-e..Mr. lamilton and witness a srent over the llemises and found all al thiI wsin l?s seurely fastened but El 'te plantrly tindow. - This wa:s pus- d du ti ll its full height, and the wire exte siln window had I een re Ihi rnt. ll This was found about nhexen Si+t rom the window, leaning against fo a 'tire.. The nails that ha1 ld heldit t ai pu-ition were bent. Inside the pan- th try he found a palama hat, which cc Sie ihaid. i to Constable Finlayson. i t"hl al-uo IaIIr a cover from a rl.st 01 drawers, but two tennis rae •l tu- that had ellin lyihg on the cu- l tr re in corresponidirg place on s the tiop oli the chest. The door of thlpautr) twas oplln and the key wsas I -,tiSl... It Ihell have been opened on ti thel iiile iff t had tnen locked hin oi Without. as the key projected Leyond (I the hole and a pair of l incers, which i renl fuundI, could haIotien used to turn the key. The banking chamber h tenal ~i,-nly o ut of the dining room, a and to ..t into it it would be lie- - S"' ai' to go through the dining roon. lie had known Hogan for t "abut two years, and Sinclair for about tlree iionuths. le could smell nl drink onl llo- a on the night of a Feruar 12, and lie spokh e ke and walk ed solerly. lte was not on intimate terns with the accused, but hled spo Leni tll hih occasionally. Tn Mr. Pan l : lIe would swear Ihrgan was sober. lie heard that lhe had teell drilking, and could believe t hI iats even then ufliering if he were told so by reputable itizens. lie did not call Rowan to his assist airce, eans' le thought he was a mautch for Vlogua. " Sinclair : He did ot not no tie? any marks on they key to sug gest that it had tbeen turned by means lf litner e, I Daniel Alfred Rowan, grocer, depos nil to returning to the premises of the bank with Tn per on the night of Februiary - 12. When the candle was lighted they walked towardts the bed room. Witness noticed a rug lying on I the ldraw1ing-room floor. Tepper en tertl the drawing,,-roomn when a can le he was ecrrying was knocked out of his huand. Witness went for as sishunce, and returned to the bank. On enterin, he I ea'dl someone call tot aI light. When the lighlt was struck Ilbgnn was lying on the floor with Tepper kneeling on him, and. McLean plessing the itrrel of his rifle on his; nrlIt. Ifluh Mclean, fruiterer, gave evi lidence as to what occurred at the allpture. In answer to hMr. Paull, he said he smelt liquoar. Ernest Watson, flour mill manager, dieposed to going to the bank -.with cLean on the night of February 12. lie did nlot go inside, but 're mained for a few seconds at the cor ner. He saw a man- getting 'over 'the fence in Church-street. Witness ran towan.ItS him, and was within - seven oreight yards of him when Alvereach inthe grson li e ran aslay, and the g ltter. The man said, '" There'" lomelods trsing to rob the hank," 1a11l wItness replied "Yese; you seem to l getting away pretty. fast." ..Wit nes asked whol it was, and he re llied, "I don't know.; .1 had nothing ,, do with it." tWitness said, "Who miathie bunk 7"f andlhe' replied,
" Mick iogan." He asked several times to be allowed to go, but wit. ness said, "You sceem to know a good deal about it; you had better conime to -the police station with mie." As they got to the street lamp he re cognised his captive as accused Sin clair. He took him to the lock-up and handed him over to Constable Nicholas. Constable ' Finlayson stated that when he put Hogan in the !ock-up, he said. - "Well, I11 sleep soundly to night. I'm quite contented. It had to be either that or suicide." Corroboativ e: evidence was given by Constabloe Nicholas. Robert Hetherington, licensee cf tie Shamrock Hotel,- linyip, stated that Hogan came to his Ihotel on Febru ary II. Witness asked Lim fr it rctol ver Ihe had, anm he gave it to hin.. It was leidfed at tte" time. I ?- Iht following day. Hogan' asked hi l. -Fr tile revole-r, -but as" he was drunk tit the 'tiu,e\ vitness said i:. he as not in a lit -seia tat- have it,-and that . he would keep it; To Mr;.'Paull: , Hogan presented the appearance of a man tuwho had been drinkiig for some time. lie wts a maun who could walk up the road drunk and people would not know it. lie knew-,that aboutt three mnilth, before llogan went to Dr. Strecter to be cured of drink. lHe was atiay from : Minyip for about two or thmre years. *Jolm Francis O'Bricn, who suis lil liued marker at tile Shatirock llotl during February, stated that on Fe bruary 9 Ilogan said t., him, '"'m surprised at you knocking 51,t a li - ing in a billiard room at £2 cr £3 a week. I know swhere up, ,,iuld get £4000. in one night." Witness said, "Ciook work is no ,good to me, Mick." .Mr. Paull : Do yp think that wa; the statement of a man in drink, Witness : I thought it was that o: a raving lunatic. This closed the case, ,hmerupon T'r. Paull announced that lie did not lro pose to call evidence. Sincltir did not wish to give cvi dence, Mr. Paull, in addressing the jury, said lie wished it to be unLderstood that he apleared only for ]logan, I andi if whatever lie had to say on behalf of his client iniuriously affect ed Sinclair, lie trusted that he would be excused of any intention to in jure the man. ie pointed out that if the accused went into tihe bank premises in a drunken way, and did things which lie ought not to do, that in no way rendered him liable to the charge of burglariously entering the premises. The Crown had chosen to iput the case in the light that the men went into the place withe fle preconceived idea of Mlogan that it was foolish to work when money could be got from a raid on the bank. The Crown's own witness said that he regarded the statement of Ifo gan as that of it raving lunatic." In a place like Minyip every person knew the other, and it would be absurd to assert that companionship was an evi dence of honflbderadshlip in. crime. In no sense could it be called a crime; to call it such would lie the merest travesty. Unfortunately, his ellent was a man who drank heavily, and it was slhowsi by one of tile wit nesses that hlie lhad gone away to lie cured of drink. In fact, lie had to be deprived of a revolver because lie was too drunk for it to be safe in his possion.. There was no evi dence at all of any preparations for a burglary. They had not set a - wsatch or taken a revolver. Anothert point was that ]loganI did not have a light. Hle was a drunken man in a dark house, and whatever were hii reasons for being there, only his drunken mind, if it could be got at, could give any inilicntion of. No- ( thing had been found in his posses lion to show intent to steal. The only articles displaned were a rugii ai table cover, anti it was as reason able to suppose that lie believed them to be bed clothes as to de duce any other reason. Sinclair did not avail himself of his right to address the jury. Ills lionor, in stumniing up the lacts for the jury, said lie must ask them to distilnguish very cirefully between the case of the two defendamts. For exIamnple, they must not take any ad missions, if they thought there tere any, by Hlogan, as being evidence against Sinclair. Neithier must they take any admissions, if there ttere such, by Sinclair as against ilogan. There had beent sonec remarkls miad Iby counsel about the drunkenuness of the accused Itogan. So far as lihe knew there twas no evidence that at the timle of the alleged offence lie xas so drink that he did not know what lie was doing, and that he cotul.t have no intention to commit a felo ny. Thlere was evidence that he smelt of drink, also tlhat he had been drink ing a good .deal at a date previous to the date of the charge. Drunken ness might explain the conduct of a man, but it did not excuse hlim unless he did not know whait lie was doing. But this stage could onrly. be reached hien a mun had drunk him self ilto a state of insanity. 7Th:en hlie could have no intenimon whatt ever. But if the jury once camne to the conclusionl that lofgan iad tihe in tention of stealing, the :ucstion of drunkernness did not come into con sileration. With regard to tile ecn duct of Tepper, : Ilis Honor said he - was deserving of the highest possible praise, and the behaviour of McLean was also praiseworthy, homwever light ly it might be regarded in the hlIght of islat was now known; loIs Honor then reviewed the evidence carefully in its application to the two pri solers ilesaid that the lcase against Sinclair was not to be put upon tlhe same footing as that against Ho The jury, after albout an hour's de liberation, found both prisoners guil ty, but recommended them to mercy. Hognn gave his age as i5, and Sinclair his as 36. His Honor, in passing sentence, said thdat the crime of breaking intopre Smises, especially those connected with a bank, - was a very serious onlc. There were elements in the case shich seemnied to show that -there was some deliberation, and that they were tin Sthe street-iitsing. for a chance to ge? into the bank when" no one: was on the premlses-. lie dust take it- that the recommendatiot of the jury was Ii it conscietee of htie prisoners not be? Sing meri of areal crimrinal class and that the crime ° woao dud in' a -arge eastre o.dink? ess . They woul?d be sentenced to nine m ths, with n hard labor, in -the- allartc gau. "