APPEAL DISMISSED

Dominion, Volume 29, Issue 196, 16 May 1936, Page 11

APPEAL DISMISSED

New South Wales Death Sentence SIX OTHERS TO BE HEARD By Telegraph—Press Assn.—Copyright. (Received May 15, 10.55 p.m.) Sydney, May 15. Tlie Full Court of Criminal Appeal unanimously dismissed the appeal of Aubrey Potter, aged 21, against the death sentence for complicity in tlie garage murder at Darlinghurst. The court also dealt with the appeal of Charles Bennett, aged 15. who received three years' imprisonment for indecent assault on a young Italian woman at Parramatta when, at the same time, six others were sentenced to death for a capital assault on the same woman. The court upheld Bennett’s appeal and quashed the conviction on the ground that there was no satisfactory evidence, even of an attempt at assault. Tlie appeals by the other six youths, Henry Rowe, aged 20, George Thornley, aged 18, Harold Thornley, aged 16, Harold Moloney, aged 19, Percival Tovey, aged 17, and Rupert Cowell, aged 16, against tbe death sentence, were adjourned till Monday.

A Sydney cable dated March 30 stated that James Massey and Aubrey Potter were convicted of tbe murder of Norman Stead, who was found shot dead in his father’s garage at Darlinghurst, and sentenced to death. Massey, who did the shooting, declared that he intended only to scare Stead, but in the struggle witli him the revolver accidentally went off. Potter said lie was unaware that the revolver was loaded.