CONVICTION CONFIRMED

Evening Post, Volume LXXXVIII, Issue 11, 13 July 1914, Page 8

CONVICTION CONFIRMED

THEFT OF A RECEIPT. APPEAL COURT CASE. ■ Whether or not a prisoner had been I rightly convicted was a point which I came 'before the Court of Appeal' for j determination to-day. On the Bench were their Honours the Chief Justice (Sir Robert Stout), Mr". Justice Edwards, Mr. Justice Chapman, Mr. Justice Dennistori, and Mr. Justice Stringer. The case was that of .His Majesty the King versus Alexander •Gilchrist. Gilchrist was charged before his Honour, Mr. Justice Edwards at Wanganui on 28th May last with ( having on 24th' March stolen frdm Charles Edward Stewart a document-* namely, a receipt of £33 7s, dated 24th March, 1914 and duly stamped—purporting to be an acknowledgment that he had received from Gilchrist in cash the sum of £33 7s. A plea of not guilty was entered. The facts were that the prisoner, being indebted to Stewart in the sum of £33 7s, called Stewart into his house and said he would pay him the money. Stewart eaid that he had no billhead or stamp with him, and Gilchrist handed him a book of receipt forms and a 1 stamp, asking him to' make out a receipt. Stewart asked the prisoner ,if he would pay in cash or by cheque. Gilchrist replied " cash," and after Stewart had added the word to the receipt, Gilchrist leaned over, picked the receipt up, read it carefully, and said " That's all right." He then left the room, taking the receipt, and remarking' that he had left the key of the cashbox (which he had previously produced) in the pocket of his coat. When Stewart saw him later Gilchrist alleged that he had paid the money, afterwards persisting in the assertion. When the case for the Crown closed Mr. Mackay (for the prisoner) contended, that there was no case for tho jury and asked his Honour to direct the jury ta return a verdict of " not guilty." In support of this contention he relied on the case Regina v. Smith. Mr. Justice Edwards declined to withdraw the case, but said that if necessary he would reserve the question for the opinion of the Court of Appeal. The trial then proceeded and the prisoner was found guilty. Sentence_ was postponed to enable the point raised to be referred to the Appeal Court. To-day, after argument had been heard, the Court unanimously held that Gilchrist was guilty of deliberately stealing the receipt, and that the case Regina v. Smith was not analagous. The conviction was confirmed.

On Saturday evening a firanan named James Nugent was taken to the Lamb-ton-quay police station, having been arrested on a charge of drunkenness. ,He was cut about the head, and later Dr. Henry was called in and 6aid there were symptoms of a slight concussion probably caused by a fall. The man was removed to the Hospital, where his injuries were attended to, and he appeared in the dock this morning with his head well bandaged. He was convicted and ordered to pay £2 5s 6d-ex-penses. For committing .an indecent act' ho -was fined £2, or in default, ordered to spend one month in gap],..