TWO MEN FOUND GUILTY

Press, Volume LXXVII, Issue 23248, 7 February 1941, Page 6

TWO MEN FOUND GUILTY

SUBVERSION CHARGES (press association telegram.) AUCKLAND, February 6. Charges of publishing subversive statements or of facilitating their publication were preferred in the Supreme to-day against Philip Leslie Hardcastle, a carpenter, aged 32. The case was heard by Mr Justice Fair. Mr V. R. Meredith represented the Crown. The accused was charged with publishing a subversive statement, namely a paper sticker, bearing the words: "No more troops for overseas. N.Z. comes first.” He was further charged with having in his possession a number of these stickers, and finally with having a certain pamphlet entitled “Forward," with a view to publishing the subversive statements it contained. The accused, who pleaded •not guilty, conducted his own defence. Statements read from "Forward” indicated that it was denouncing the war and particularly the Dominion’s part of it. Mr Meredith said that on the night of December 5 the accused and another man were watched by two constables placing these stickers'on prominent places in Customs street.

Accused, in addressing the jury, claimed that (he sticker was not against the national interest, and said the slogan was merely a reasonable criticism. He had three brothers in the armed forces in Britain. He had been rejected for military service, • A verdict of guilty was returned by the jury after a short retirement. Charges of subversion against two other men who were arrested in the city on the night of December 5 were also heard.Henry Joseph Hurman, aged 39, a carpenter, was charged with publishing ar subversive sticker bearing the words “No more troops for overseas. New Zealand comes first,” with having a number of these stickers in his possession, and with having a pamphlet entitled, “Forward,” with a view to publishing subversive statement it contained. Hurman pleaded not guilty. Police witnesses described how from a car they had seen the accused place something white on a post. Accused was found to have more than 30 stickers and copies of the pamphlet “Forward” in his possession. A number of stickers were later found on posts in the vicinity where the accused was arrested. After a brief retirement the jury returned a verdict of guilty on each of the three counts. A rider recommending leniency was added, the jury considering accused’s efforts were more misguided than wilful. His Honour noted the recommendation and remanded accused for sentence.

A cabinetmaker, Alec Silverman, aged 27, pleaded not guilty to a charge of publishing a subversive sticker, containing the wprds "No more troops for overseas. New Zealand comes first.” Counsel submitted that there was no direct evidence to prove the accused published the sticker. A verdict of not guilty was returned.