BLACKMAIL AND ASSAULT

Northern Advocate, 25 July 1935, Page 2

BLACKMAIL AND ASSAULT

ACCUSED’S DENIAL. AFFRAY IN CITY OFFICE. “NOT GUILTY” VERDICT. [Special to “Northern Advocate. ] AUCKLAND, This Day. The hearing of the charge against John. Leslie Spicer -<Mr Jenkins), aged 23, traveller, of blackmailing his former employer, Alfred Richara Buchanan, and assaulting Norman Kenneth Sligo, arising out of an affray in Buchanan’s office in Anzac Avenue on May 17, was concluded at the Supreme Court shortly after 1 o’clock yesterday, when the jury retired to consider its verdict. The specific charge of blackmail was that Spicer atemtpted to extort money from Buchanan by threatening to accuse him of a criminal offence, and that he demanded money from him with menaces. The case was heard before Mr Justice Fair, and Mr Hubble appeared for the Crown. Cross-examined Buchanan declined to answer without consulting his solicitor a question as to whether he had made a false declaration of his age on an application form for relief. Mr Jenkins asked why he refused, and Mr R. A. Singer, who was sitting at counsel’s table, said, “It might incriminate him.” Mr Jenkins protested that such an interjection from Mr Singer was most improper, as he had no standing in the case. After Mr Stringer had stated that he was sure the witness had not heard him, his Hopour remarked, “I am quite sure that he heard you, because I heard! ” His Honour added that there was no occasion to use the phrase and if anything of the sort occurred again he would ask Mr Singer to withdraw from the Court. Norman Kenneth Sligo, engineer in Buchanan’s employ, stated that after throwing a chair at Buchanan, Spicer started to kick him while he was lying on the floor. Witness received a severe blow on the face when bending over Buchanan. ‘ Further evidence was given by E. Heape, of the St- John Ambulance, and Detective-Sergeant McHugh, who were summoned to the scene of the affray. The defence would. be a direct denial of the allegation of threats, said Mr Jenkins. Accused would also deny attacking Sligo until the latter hit him; At present, counsel added, Spicer was not being charged with assaulting Buchanan. That charge would be heard later at the Magistrate’s Court. . ,

In addressing the jury, His Honour said in regard to the alleged threats against Buchanan that the jury had to consider whether - the threats were such as would alarm a person of ordinary mind. The real issue was whether it was proved to the jury’s satisfaction that the accused threatened Buchanan that unless he paid some money the accused would inform the police about Buchanan’s connection with Dexter, so as to get a conviction. It was true that Spicer had allegedly said to Buchanan, “I will get you behind the bars.” Assuming that those words were used, was it a threat?

On the- question of the assault his Honour said that it depended on whose account of the happenings in the-'- office were believed. Buchanan’s evidence the jury might think open to criticism. If he had been violently attacked by Spicer could Buchanan have got to the telephone and rung the ambulance and the police? Was the jury satisfied that the assault was committed in such circumstances that Spicer was criminally, liable?

After a retirement of two hours the jury found accused not guilty on any of the charges preferred and he was discharged.