obtained'' offensive weapon that he knew from day one of the trial he could not have been guilty.

Magistrate Edward King made the comment during the trial of two homeless men charged with attempted breaking and entering.

Burnell John Jefferis, 23, and his cousin Arnette Winfield Dill, have both pleaded not guilty to attempting to break and enter the Trimingham's Ltd.

store in Paget with intent to steal on January 4 and damaging alarm wires worth $430.

Dill, 42, of no fixed abode, has also denied possession of store breaking equipment including a hatchet, screwdriver, gloves and crowbar which were found by Police in his car.

He claimed the instruments were kept in a "complete tool box'' in his car and used for his employment.

Both men have said they were looking for a house party in the area behind the South Shore Road store when they were arrested and charged with the offences.

Jefferis, who is also charged with possession of a pair of gloves, screwdriver and flashlight intended for store breaking, yesterday said: "Those items are used by me in my daily employment.

"And as I am of no fixed abode there was no place for me to store them so I kept them in my possession. They were not intended for illegal purposes.'' Jefferis has also denied possession of wire cutters and an offensive weapon -- an expandable baton -- which he is charged with receiving between September 26 last year and January 4, well-knowing it to be stolen or unlawfully obtained.

Jefferis told the court he bought the baton overseas and not on Court Street as recorded in a Police statement.

He also claimed that Police officers threatened to arrest his mother if he did not comply with their requests to sign statements admitting that he acted as a "look out'' on the night of the alleged offence.

But Police prosecutor Insp. Kenrick James described Jefferis as "a man of dishonest character'', referring to his previous convictions which included stealing, forging and uttering a stolen cheque.

Jefferis responded by sifting through the legalities of the charge.

"In order for the prosecution to succeed on the charge of receiving, they must prove that the baton in question was stolen and that I received it knowing or believing it to be,'' he explained.

"The prosecution has not introduced any evidence as to either of these elements. For these reasons, the prosecution has no case in respect to me receiving the baton knowing it was stolen.'' Mr. King agreed with Jefferis' submission.

"I know brains when I see it,'' he told Jefferis. "You have got talents, Mr.

Jefferis, and you must use them in the right direction.

"You are no fool. You may do foolish things, though, but I say you are a brilliant guy!'' He added: "If it is any consolation to you, Mr. Jefferis, I want to tell you that ever since the first day of this trial I knew you could not be guilty of receiving the baton and you knew it too. Great minds think alike.'' Mr. King set down judgment of the men on March 31. The pair, who have been remanded in custody, are unrepresented.