"A BRUTAL CRIME."

Press, Volume LX, Issue 18014, 5 March 1924, Page 6

"A BRUTAL CRIME."

MOGHAN SENTENCED TO

TWELVE YEARS.

• (P&BSS ASSOCIATION TXLEGRAH.) WELLINGTON, March 4. Anthony Moghan, who was found guilty at Wanganui of manslaughter in connexion with the death of Gordon John Gemmell at Raukura, near Taihape, to-day was sentenced by Mr Justice Reed to twelve years' hard labour. Mr T. M. Wilford, who appeared for the accused, before sentence was passed said that he had a feeling, in common with the Judge, that the whole story of Reilly's and Maori Jack's actions on the day was most obscure. Since tho trial ended, Beiliy had made a confession that he and Maori Jack were present all the time. The confession had been made to tho gaoler in Wanganui on these lines: "How is poor old Andy getting onf How does he take it, poor old chap? He is not altogether to blame. We were all three there at tho time, and we had a free fight amongst ourselves. When I saw it was getting too hot for me, I pulled out and went to sleep, and knew nothing until morning." This, Mr Wilford said, was an absolute contradiction of Reilly s evidence in the Court. His Honour intimated that he would have to sentence the' prisoner on the circumstances before the jury. If they afterwards were able to get further evidence, they could put it before the powers that be, and they would decide whether there should be a further enquiry. The Crown Prosecutor said _he thought he should have been notified regarding this evidence. The gaoler should have reported it to the Undersecretary. Ernest Shing, gaoler, of Wanganui, stated in evidence tlilbt the statement was made by Reilly under the influence of liquor. In passing sentence, his Honour said the jury had negatived any intention ou the part of Moghan to kill Gemmell, and the jury probably was justified in suggesting that the others engaged with Moghan could not be taken into consideration. Moghan's record point, ed to him being a man of brutal instincts. He had no doubt there was nothing like a fair fight. Gemmell's arm* was broken early, and he. was practically defenceless. He could only say that it was an extremely brutal crime. . Moghan was fortunate that the jury took a merciful view, and did not find him guilty of murder.