SERIES OF CHARGES

Greymouth Evening Star, 7 November 1944, Page 2

SERIES OF CHARGES

TWO MEN CONVICTED

AUCKLAND, November 6. In the Supreme Court, to-day, John Leslie Florance, 33, hotel porter, and Herbert Lorraine Woodham, 28, blacksmith stood trial before Mr. Justice Fair on a charge of attempted murder of a police constable, Richard William Meyer and, on alternative counts, that, with intent to disable, they discharged a firearm at him; that they did the constable grievous bodily harm; that they did him actual bodily harm; and that they assaulted him. They were also charged that they attempted to break and enter the premises of the Wholesale Clearing House, with intent to commit a crime. Mr. Meredith for the Crown said evidence would be given to the effect that in the early morning of August 11, Meyer was on duty in Karangahape Road and heard the sound of breaking glass near a doorway of a wholesale clearing house. He would say that accused Florance was standing on the kerb. Florance told the constable he was “just taking the air. Later two men, one of whom was alleged to be Woodham, and the other at present unknown, approached the constable and Florance. Counsel said the constable would say he knew Florance personally and would identify Woodham as one of the men. He would also testify he was taking the three men to the police station when Florance and the unknown man ran away. Meyer would say that as he struggled with Woodham, the prisoner called out to the others for assistance and that the unknown man came back and joined the struggle. The constable would also say that Florance came back and stood off while he struggled with the'two. He would say further that he glimpsed Florance put his right hand in a coat pocket and later in the struggle he noticed Florance with the right arm extended and something shining in his hand. At this time, Woodham and the other man were attacking him and raining blows on his head. As he was falling he heard a sound like a revolver shot. The constable was dazed and remembered no more till he was roused by a taxi driver. The constable was aware of a pain in the left elbow and later found, he had a bullet wound there as well as bruises and cuts about the head and face. ~ Continuing, Mr Meredith said the two accused were arrested .at a bouse in Norfolk Street on September 27. Detective-Sergeant Fell would say that he found Florance hiding under a box settee in a room. In the room was a bed, under the pillow of which were a torch and a revolver loaded in five chambers. . Woodham was found in a back room. Fell would say that though he had known Woodham previously he had some difficulty in recognising him on seeing him in the house, due to the fact that his hair was much darker, apparently haying been dyed. Counsel informed the jury that to'find a man guilty of attempted murder they had to bo satisfied that at the time of the firing of the shot he intended to kill the other person. However, if they had doubt on that point they should have no doubt in this case 'about the shot having been fired, with intent to disable the constable. So far as Woodham was concerned, the legal position was that where there was a joint effort to escape, in which both accused took part, and one discharged a firearm, then they were held to be jointly guilty of attempted murder or intent to disable.

The first witness, Constable Meyer, gave evidence along the lines indicated by counsel. He said he was quite satisfied of the identity of both men.

To Mr Jenkin (counsel for Florence) witness said he did not draw his baton till the unknown man came into the struggle. It was a blow on the chin that knocked him down, and he heard the sound of a shot then. To Mr Brainsby (counsel for Woodham) the constable said the man he identified as Woodham would have his back to Florence when the shot was fired. When witness identified Woodham his hair was of a different colour. , Witness had not been told before th? identification of any change in the colour of the man’s hair. DIRECTION TO JURY. No evidence was called for the defence. Mr. Jenkins submitted that the evidence had failed to prove the essential ingredients in the charges. There was no proof that Florence wa q in any way associated with the broken glass, and none that he had any intention to murder. Mr. Brainsby questioned the evidence of identification of Woodham, and said there had certainly been no common design to murder. On the question of identification, his Honor said that so far as Florance was concerned the jury might think there was really no room for any doubt. The identification of Woodham was perhaps not quite so strong. Many circumstances pointed to Florence being joined with the other two in what they were doing at the time. On the count of attempted murder it would be reasonable for the jury to hold that Florence did not really intend to take the constable’s life, and both men should be acquitted of that. It seemed a reasonable possibility that Florence intended to disable the constable, or to intimidate him by firingclose. If the intention was merely to intimidate, the accused would be not guilty of intent to disable. As to the charge of assault, there could be no doubt of Woodham’s intention to hit Constable Meyer with his fists, but thpre might be some room for doubt of Florence's intention to hit him with a bullet.

The jury found both men guilty of attempted breaking and entering with intent; both not guilty of attempted murder; Florence guilty and Woodham not guilty of discharging a revolver; both guilty of doing actual bodily harm; Florence not guilty and Woodham guilty of assault so as to cause actual bodily harm; both guilty of causing harm in such circumstances that if death had resulted they would have been guilty of manslaughter. In remanding the men for sentence his Honor said that some of the counts on which they had been convicted were alternatives, but the verdict was quite understandable.