UNUSUAL PLEA FAILS

Dominion, Volume 29, Issue 254, 23 July 1936, Page 13

UNUSUAL PLEA FAILS

Attack on Auckland Bank Manager EVIDENCE OF AUTOMATISM By Telegraph—Press Association. Auckland, July 22. The contention that James Billing, a bushman, aged 30, who was arrested on the Point Chevalier bank premises, had no recollections of the happenings there was advanced by his counsel, Mr. J. J. Sullivan, in opening the case for the defence this morning. ~ . . . Billing was charged that with intent to facilitate the commission of the crime of theft he did by violent means attempt to render James Godfrey Worboys, the manager of the Point Chevalier branch of the Auckland Savings Bank, incapable of resistance. There were alternative charges of assault so as to cause actual bodily harm and of simple assault Counsel said, he would prove that accused was incapable of coming to a conclusion whether he was doing wrong or not. He was of a peculiar physical condition, having been shot in the head during the war, a portion of the bullet still remaining in his head. It would be shown that the bullet . affected accused when he took liquor and that he suffered lapses of memory. Accused Biliiiir. giving evidence, said he enlisted when 18 years of age, in 1916, and got a bullet wound at the side of his nose. Portion of the bullet was still there, and he had had eight or nine teeth extracted on May 13. He detailed the drinking he had done that day and also on the next day, when he visited four hotels. In the second he had three small bottles of beer and in the fourth he had several drinks and then several more. The next thing he remembered was being under arrest in a motor-car. He could not contradict the evidence against him or give any explanation. In answer to his Honour, accused said he was drawing £2/5/- a week in sustenance.

Dr. W. H. Horton said he had seen Billing’s hospital records and X-ray plates. The plates showed a miniite metal fragment behind the orbit, and there was a chronic inflammatory condition of the nose. Alcohol had the effect of completely paralysing the memory for some hours afterward. Isolated events would stand out against a background. "Your Honour, I am speaking from personal knowledge,” said witness. He added that alcohol produced automatism.

To Mr. Meredith, witness admitted that it would be a rather startling coincidence if accused did automatically movements about • the bank 'showing plan and design and if he automatically got gloves and a lead pipe. Mr. Meredith called in rebuttal the medical evidence of Dr. H. M. Buchanan, superintendent of the Avondale Mental Hospital. Witness said that in this case there seemed to have been a carefully-prepared plan and a series of purposeful acts that was not consistent with automatism. He saw nothing in the case consistent with the theory that Billing was in a state of mental oblivion.

His Honour said that when a man went into a bank with a piece of lead piping and concealed himself in a convenient place to assault the manager and did assault Him the jury was entitled to infer that his purpose there was to rob the bank. They had to decide whether it was his intention to rob the bank and whether he knew what he was doing. , After a retirement of an hour and 10 minutes the jury returned with a verdict of guilty on the first charge with a strong recommendation to mercy.

In remanding Billing for sentence, his Honour said he would give effect to the recommendation as far as he could, but a crime of that sort required serious consideration.