INTIMIDATION CHARGE

New Zealand Herald, Volume LXXI, Issue 21982, 13 December 1934, Page 16

INTIMIDATION CHARGE

INCIDENT IN NORTH SECOND HEARING OF CASE DISMISSAL BY MAGISTRATE [nv TELEGRAPH —OWN CORRESPONDENT] WIIAXGAREI. Wednesday In the Police Court to-day Charles Magill, of Maungakaramea (Mr. Aekins, of Auckland), was charged that at Maungakaramea on November 22, by night, with intent to intimidate, he alarmed James Thompson Walker and family in their dwelling, iu that after having made a threat of violence he entered Walker's premises with a firearm and loitered in the vicinity of the dwelling. Mr. G. N. Morris, S.M., presided. The case was heard last month before? justices, and accused, who had pleaded guilty to the charge then preferred against him, was sent to the Supreme Court for sentence. However, in the Supreme Court at Auckland, Mr. Justice Fair said lie could not deal with the matter, as the information did not disclose a statutory offence. Accused to-day pleaded guilty to a charge of assaulting Athol Roy Lowe. After evidence had been given today regarding the first charge, the magistrate said the essence of tho charge was the intent to intimidate, which was omitted from the previous charge, and the Judge could not deal with the matter. It was quite clear that the Walker family did not feel in any danger, as the only thing that caused them alarm was the pointing of ■the ritle at Lowe. From their evidence the Walker family did not feel intimidation, continued Mr. Morris. He did not think any jury would convict and j so he would dismiss the first charge. Regarding the second charge, the magistrate said that it was quite a serious one. However, accused had already served three weeks in gaol, and had an excellent character. He would be given a chance and admitted to probation for twelve months, a condition being that he must not return to Maungakaramea. He was also ordered to pay the costs of the prosecution. The magistrate said it appeared that drink was largely responsible for the incident and ho strongly advised accused to stop drinking.