GUILTY ON ALL COUNTS

NZ Truth, Issue 1144, 3 November 1927, Page 8

GUILTY ON ALL COUNTS

"In Strange Town "

Gustave Victor Hill's Failure To Establish Alibi

EX-MANAGER'S ADDRESS TO JURY

(From "N.Z. Truth'B" Special Wellington Representative.) "J WISH io leave myself entirely m your hands, your honor, so far as the legal side of the case is concerned."

SUCH was the opening remark of prisoner to judge when Gustave Victor Hill appeared last week m the Wellington Supreme Court before Mr. Justice MacGregor to stand his trial on six counts of a serious nature. The offences with which he was charged occurred m August and since the lower court proceedings he has been m gaol. Hill, who was not represented by counsel, secured pencil and paper and conducted his own defence from the dock. Owing to the nature of the case, Crown Prosecutor Macassey asked that the court might be cleared, and this the judge ordered. Hill, a middle-aged man of small stature and flushed countenance, during his day and a-half of trial took a lively interest m the proceedings, cross-examining the various Crown witnesses at some length. Until last August, Hill was employed as manager of J. R. McKenzie's fancy goods emporium m Willis Street, Wellington. He arrived In Christcihurch trom Australia early m June, and was for a few weeks employed m the firm's establishment there, later being transferred to the capital city. The two boys concerned ln the major charges against Hill, were eleven and twelve

years of age, the the third "being a few years older. Hill bad enticed one of the hoys

with presents of '——— —————— toys, etc., taken him into the back portion of tho shop after it was closed for business, and there committed offences against him. This boy, m the witness-box, said he first met Hill outside one of the picture theatres m the city. He was introduced by another boy, who said: "This is my friend, Mr. Hill." He asked the boy down to the shop that night, and on this — as on numerous other occasions — Hill had been guilty of conduct which formed the basis of the charges against him. The boy at last started playing truant from school, asked Hill to write notes to his teacher, purporting to come from his aunt and excusing his absence from school. Hill had taught him to whistle a certain tune, and when he arrived outside the shop before closing time he used to whistle this tune. Hill would then come out and arrange for him to enter the shop at a certain time. He also visited Hill at the People's Palace, Cuba Street, where he was staying. Hill had also committed offences against him there. This boy had introduced Hill to the second witness, a smart youngster of twelve. Hill also, taught him the whistle and took him to the shop. Sometimes he gave the boys money and occasionally had taken them to the pictures. The third witness, a youth of 16, met Hill at his mother's house, where McKenzie's ex-manager took up his abode. He occupied the same room as the boy and assaulted him. Detective Kearney told his honor how — as a result of certain complaints — he and Detective McLennan took one of the boys to the shop. Here he was instructed to give his whistle while one of the detectives waited across the street and the other outside the shop.

The signal was no sooner given than Hill appeared and accosted the boy. Hill was immediately interviewed by the detective and later taken to the police station, where the nature of the charges was explained to him. Hill wanted to be brought face to face with one of the boys when the charge was made, but the detective thought that "owing to the bullying nature of the accused and the nervousness of the boys, it was not m the interests of justice to bring them together." Hill said the boys' story was "a pack of lies," and during his trial attempted to prove an alibi, declaring that on certain days mentioned m the charge he was m totally different places. The toys which he gave the boys, but of which he denied all knowledge, consisted of a watch and chain, a torch, pencil-sharpener and several other small articles. Hill called one of the responsible members of McKenzie's staff tp testify as to whether that establishment stocked such brands of watch or torch.

It was very disconcerting to prisoner when these very articles were identified as similar to Others m stock at the shop. Hill, who did not go into the wit-ness-box to give evidence on oath, m a long address to the jury, stated that one of our most learned judges had said: "The present charge ■was the easiest to make, but the hardest to defend."

As a stranger m a strange town, he said, it was the hardest thing for any man placed m his position to defend himself against any charge. "In a strange town you have the risk, if you onqe stick yourself out, of being charged with anything," he remarked. It was his contention that he spent all his spare time m the billiard-room, or, on a Sunday — especially on the particular Sundays when he was charged with having committed offences against one of the boys — at the Salvation Army Citadel m Vivian Street. The evidence of his witnesses, he said, went to prove a continuous alibi. Crown Prosecutor Macassey, while briefly summarising the evidence to the jury, stated that the question of exact dates was immaterial, so long as they were satisfied that the offences had occurred. It was "hardly likely that the boys would all be telling lies." Although, according to law, the boys were accomplices, the jury were absolutely justified m convicting on their evidence alone, but there was evidence of a corroborative nature which the Crown had brought forward and which Hill could not dispute. This aspect of the case also exercised his honor during his direction to the jury. ' There were six separate charges and they must weigh each one separately and on the evidence. They could find accused guilty of any one of the six charges. It was their duty to weigh the whole of the evidence carefully, and if they had any doubt about any of the charges, they were to give the prisoner the benefit of that doubt. After a retirement of twenty-five minutes, the jury returned with a verdict of guilty on all counts. Hill was remanded for sentence.