IS HE INNOCENT?

NZ Truth, Issue 159, 4 July 1908, Page 6

IS HE INNOCENT?

The Raid on Parson McKenzie's Manse.

The strange set of facts surrounding the conviction of Sales and Mclntyre upon a charge of breaking and entering Parson McKcnzie's manse at Christchurcii on 3rd November last, keeps bobbing up Avith a persistency that almost amounts to fatality, and the suspicion is conveyed thereby that a gross miscarriage of Justice has taken place. With the exception of that of one witness, the evidence Avas purely circumstantial, and, as the testimony of that one witness Avas disbelieved by the Court of Appeal, Avhich . granted Sales a- new trial, and brought about his discharge, the possibility thalt Mclntyre is. unjustly serving -three years' imprisonment stands out glaringly like the beacon light of a pub on the border of a prohibited district. Let us review the facts. mOn the 3rd November last Scotchbytenan MdKenzie's manse avus broken into, and a quantity of jewellery. etc., stolen. On the following day at Riccarton racecourse, Avhile two men (Sales and Mclntyre) were standing talkin^ outside the lavatory, DetectiA'c Connel came up and -said that he Avished to search Mclntyre, to" AThjch that (person replied, "Take your handsPoE me," and struck out at the 'tec. bales meanAvhile 'walked oS and stood about-, fifty yards away. While the detective and Mclntyre Avere speaking a man named McTigue came up and gave the detective a ring, which he said he found at the opposite end of the lavatory to that where Sales and Mclntyre had been' standing. The detective then arrcste^l MrIntyre and look him to the police station, where he Avas charged with break-

ing and entering Mr McKenzie's maasa.Three different times Mclntyre was remanded, and on the fourth occasion' Sales %vas also charged with him. Sales' arrest happened thus : He was travelling m the train from Waimate when, Sales alleges. Detective Connel came up and said that if he could swear that, Mclntyre had been showing him jewellery on the . Riccarton course, it would be all right for him. 'Sales replied that he couldn't do that, as it was not true, and at the end of the journey the detective arrested him. The trial was merely a farce, as it was put off and off. arid at the finish the trial was fixed at 9 a .nT. instead of 10. also, they lost the services of their lawyer and had to take Mr Hunt instead, and Mclntyre's. witnesses were not there either. The chief witness for the Crown was Ella Roache, . AN EX-POLICEMAN'S DAUGHTER, •who justified. to seeing the two men outside Mr McKeraie's house at 6.30, oh the night m question; also, that Mclntyre's right hand was all cuts and blood. The ring found on the Riccarton course was identified by Mrs Mclntyre -as hers. Detective Connel stated the time of arrest and swore that McTigue picked up the ring at Mclntyre's feet,, and' that there was only Sales and Mclntyre m the lavatory at the time. Further tha^M&^l Intyre's hand- (right) hadjj^ouiid. * and , that blood was-loußtrSTlhe 'right hand aide of_tbft^fiurtains. William McTigue, ! weflieryman, stated that k© was at ' the -races, and after the sixth race he went -into the lavatory, where h'(» .picked up ;the ring:; that, he saw nd; one put it there, . and did not know how it came ! there. He picked it up at the opposite end of the lavatory to where the accused men were standing, and that there were twenty or thirty ' people inside at the time. The outcome of it was that Mc- i Intyre got three -years and Sales eight- ' een months. After Sales had 'b&n six months m prison, his case came im at the Court of- Appeal, he was retried and the Crown not bringing any evidence forward at all, he - was discharged after proving he was riot , m Mclntyre's company on the 3rd November. Now, what of Mclntyre. who says he can bring forward six witnesses to prove that -' bn that day and . night, in' question ''he'rievW was m Sales 's company: That at the hour of the offence he was at a restaurant having- tea ;' that he had not even a scratch on the right hand, arid that this , Ella Roache; the Crown witness l > rode on her cycle past, Mclntyre every*' time he went from,. tlie police station to the ; Court, arid so got to know him "after" he was arrested. That m flying evidence against Sales she swore that Mie cap he wore >Was the same as she Saw on hhh- on" the might m question, whereas ■he .was able to prove, and- j proved, that the cap was bought a few days after the event. ■_ Mr Hunt,'- ''Mclntyre', lawyer, advised him (as Mclntyre says) not to say or prove anything, for on the Crown's poor evidence v ; "''"■,'■ • A CONVICTION COULD NOT BE -„.-. MADE. .--. .''. ,'..:,- ' .

If Sales, proved- he\ was not guilty and w^ s i n ?i>„ iri Mclntyre's coiripany. :,' then what of JfeJla. Koache's evidence ?. • On the principle that 99 guilty men should . be permitted to go free rather than that one innocent man should suffer v imprisonment and pain and . that the Horment that comes -pf residence m deary's delectable hell, this paper asks the Mitfister for Justice if he doesn't think Mclntyre merits a new trial, when' he might be ■ permitted to call witnesses whom it will be more difficult, to find as day follows day. and month sprints aftfer month;' ■*■ ■■"'■