SUPREME COURT VERDICTS

Greymouth Evening Star, 23 July 1936, Page 7

SUPREME COURT VERDICTS

ASSAULT AT BANK

“STARTLING COINCIDENCE”

[pee press association.]

AUCKLAND, July 22.

In the bank assault case, the accused, James Billing, gave evidence. He said that he enlisted for the war when 18 years old, in 1916, and he got a bullet wound at the side of the nose. Portion of the bullet was still there. He had had eight or nine teeth extracted on May 13. He detailed drinking which he had done on that day, and also on the next day. He visited four hotels. In the second hotel he had three small bottles of beer, and in the fourth he had several drinks, and then he had several more. The next thing that he remembered was being under arrest, in a motor car. V itness said that he could not contradict the evidence against him, or give any explanation. In answer to His Honor, the accused said that he was drawing £- 5/- per week in sustenance. Dr. W. H. Horton said that he had seen Billing’s hospital records and X-ray plates. The plates showed there was a minute metal fragment behind the orbit, and there was a chronic inflammatory condition -of the nose. Alcohol had the effect of completely paralysing his memory for Rome houirs. Afterwards, isolated events would stand out against a background. “Your Honor, I am speaking from personal knowledge, said witness. He added that alcohol produced automatism. To Mr Meredith, witness admitted that it would be rather a startling coincidence if the accused did, automatically, movements about the bank, showing both plan and design, and if he automatically got the gloves and the lead pipe. Mr Meredith called, in rebuttal, the medical evidence of Dr. H., M. Buchanan, Superintendent of 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 Honor 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 one hour and ten 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 Honor said that he would give effect to the recommendation as far as he could, but a crime of that sort required serious consideration.

MOTORIST ACQUITTED.

DUNEDIN .July 22

After a retirement of 35 minutes, the jury acquitted John Francis Harris on the charges arising out of the tragedy in Princes Street on May 9, when, as the result of being struck by the accused’s car, two men were killed, and two women were seriously injured.

The charges were that, while intoxicated in charge of a car, Harris caused the death of two men, and, alternatively, that he caused their deaths through negligent driving.

McGREGOR MODEL PLANE.

THEFT CHARGE FAILS.

PALMERSTON NORTH, July 22.

Directed by Mr. Justice Blair at the conclusion of the Crown’s case to return a verdict of not guilty, the jury hearing the charge of theft prefererd against John Edward Owens ,an American, aged 41, in the Supreme Court, acted accordingly. The accused had been arraigned on a charge of stealing at Palmerston North, a model aeroplane, valued at £3O, the property of Mrs. Isohel Dora McGregor.

The chief witness, Mrs. McGregor, widow of Mr. M. C. McGregor, said the accused called at her house and said he was “Owens of the Knickerbocker Hospital,” and a cousin of Roscoe Turner, the American aviator. He further represented that he was connected with American wrestlers at present in New Zealand, and said they were prepared to stage a benefit bout for her and Mrs. Fraser, widow of Mr. J. (“Scotty”) Fraser, the parachutist. He asked for photographs of her husband, and she arranged to get copies from a friend, the accused to call back and collect them. The accused returned at 10 o’clock and said he would not wait. He asked whether he could take away, so as to obtain a photograph, a model of a DH 86 air-liner. She consented, the accused promising to return the model later that morning. The model was returned by Mr. H. C. Walker, co-pilot with her husband in the Melbourne Centenary air race. Henry Campbell Walker, aviation officer for an oil company, told the court that after seeing Mrs. McGregor he started off for the Milson aerodrome. On the way, he ran into the accused and asked him where he obtained the model aeroplane in his possession. The accused replied that a sister had made it, whereupon the witnes told Owens he knew all about the matter, and asked that the model be handed over. Owens had been drinking, and had a half-bottle of whisky with him, but he was not drunk. Constable G. E. Chapman said that in a statement the accused said he arrived in New Zealand in 1928 as a stowaway. He admitted having gone to McGregor’s place, but he claimed that he had been so drunk that he did not remember what happened inside the house. He remembered coming outside with the model aeroplane and the photograph in his possession. “This case,” his Honor proceeded, “is at most a case of suspicion. There are circumstances about it which are distinctly in the accused’s favour. We cannot look at matters which are not in evidence in this case. it seems that it is my duty to direct you that there is not sufficient evidence to call upon the defence to answer the charge. I ask you to take my direction. I have

discussed the matter with counsel, and the Crown Prosecutor agrees with me that this course is the proper one.”