COUNSELLING TO CRIME.

Wanganui Herald, Volume XXXXIV, Issue 12749, 21 April 1909, Page 3

COUNSELLING TO CRIME.

The Oaio of Charted Baker

Appeal Court Affirms Wanganui

Jury's Conviction

x The Appeal Court on Monday concluded it 3 hearing of the law arguments. (relcrred by Mr Justice Chapman to the Court for decision) in the charge prei erred by the Crown, on eight Gouuis, of counselling Wm. Morris Scott^by tetter, to break into tne Economic at-Wanganui, early in FcbTuary last, and in. -the usa of explosives to break open -the safe and jcitic same. The question *or.±he Court .was, as to whether the evidence adduced at Baker's .trial dihcibsed t^^fehce^ef which hfc.wa|£conviettby WB^i«ry. Mt Myers (wffiji him Mr C. /3fssyn, WiUg'aniii>, .4pp£&red for the <3rowj^?%id Mp -i r reJKfwo]|",4vy§nganiii) for the" prisoner, ■" ' __ . ' . ;- ' -' ,'The !]*arft>us- bounfe' in the indictment ,*ere. ..briefly . •as follows : — (1) That h c wrotaL-a tetter to Scott instructing him in t»e method' of using an explosive to force open locked safes for the purpose of aiding Scott.t o commit the offence of theft by such, mean's; (2) that he did counsel ajid procure- Scott to attempt to steal the contents of locked safes by means of the use of an explosive; (3) that he did counsel and procure Scott to break and enter by .night the . "Economic," at Wanganui for that purpose; (4) thut he did counsel i^ld procure Soofct to 'attempt to commit the offence in question; (3) that he wrote *p.e letter -with the objept of aiding Scott "to commit' the offence; (7) that lie did enter the premises with intent to commit the crime; and (8) that "he attempted to comm/It the offence, -^ • 'I Mr /Justice CjhapHi*n, at the Wangamu trial, directed-'Shtf jury-,*o the effect that it *?as open to them to find Baker guilty on tjie whole indictment. He put two questions to them which, with the answers, Jjcre as follows:— (1) "Was the letter written with, reference to a contemplated crime to be, committed at the 'Economic'?" — Answer; No; (2) "Was the- letter written ■with .reference- to a- crime or crimes conteraplated generally?" — Answer: Yes. ,f Extracts from the letter, which was "written in very intimate terms, and which .cpntained full • particulars of the use of wlignite to open safes, and hopes tliat the 'S*h would be successful, have already .appeared in these columns. |^ 'Mr Treadwell, for the prisoner, remarked that he would' not say that the letter vran creditable. /Mr Justice Denmston : You are not here to defend the man's morale. Mr Justice Chapman : It was a professional letter? (Laughter). Resuming, counsel stated that the aues tion was whether the letter brought Baker within Section 90 of the Code. The jury had, he submitted", found that there was na preconcerted arrangement on the part of Baker and Scott and Way to break into the "Economic," and that when the letter was written by Baker no crime was contemplated at the "Economic,'" but that there was at the time of the writing of the letter a crime contemplated generally. His eubmift<uon was that tbe .nndiror of.lt'tjury disposed of all the counts in the indictment except Ncs. 1 and 2, and that as regards them they, disclosed no offence 'because., they were too' general. If Scott and Way had blown open the safe at the"Economic," he would have nothing to say. As a matter of fact, when they pot into the building they reroute' Mr Justice Denmston: But did they not attempt to blow open the safe? Does not tbe first overt act in connection with a contemplated crime constitute an ''attempt"?

Council, in reply, said that Section 9!) of the Code made an aider of an offendand a counsellor or prortwer, a principal. It meant that the aft. in the way of aiding, must ?>e in connection with an offence actually-carried out, or in the case of a counsellor or procurer, the act imiht have reference to an offence actually contemplated. Baker did nothing further than to write a letter giving particulars as to how to open a safe. The case against Baker rested almost entirely on the evidence of Scott and Way. Mr Myers, for the Crown, contended that the answers of the-jury, in connection with the admissions of counsel for Baker, admitted that if A went to B to obtain advice, and did obtain it, a3 to how A should go about to murder somebody — , it did not matter whom — and A tben.miirjldered somebody in pursuance of that adjvice, B was also guilty of murder. If A failed in actually completing the murder, he was guilty of an offence then, surely, B was guilty of attempted murder if lie would have been wuiltv of the complete offence if the complete offence had been committed.

Mr Justice JVilliams: Under which counts do you suggest that the conviction will hold good? Mr Myers: I admit th^re is some doubt as Ifo the first two. Esp Honour: What about counts 3 to 6? You| ,WOttW need to show -that the offence was committed. Mr Myers: I will contend that he has brought himself witliiu counts 7 and 8. If

prisoner Counselled or procured or did any act for the purpose of aiding- Scott, then he could be charged as a principal. Argument -was also- advanced by Mr Hutton on behalf of the Crown. Mr Justice Williams, ib the course of \ judgment, said that Mr Myers had very properly abandoned the first six counts of , the indictment. An examination of them , showed that they did not charge Baker with aaiy offence. He would deal with the eighthi. count first, because -a case against Baker .was 'made out more' clearly under it than, under the seventh count. The first esseritial - Jbo 1 prove the eighth count was that tb# offence there charged was committed Jjy boraebody. It was clear that the* offence of^fcempting to «&al by means of an eJcpHwivP'was committed by Scott and Way. Was- Baker a party to the offence? The jury had found that the letter written,f by Baker did not have- reference to -a crime contemplated to be committed at

the "Economic," but that it was written with reference to a crime coutom plated generally. Baker had written a letter to Scott anjl.yyay, explaining how a crimp of a particular nature was to bo committed. Scott and Way then' attempted to commit the crime. He felt that. Baker was equally guilty with' them? itt flaking the attempt. In order to commit Baker under the seventh count, it must appear that he came within Sub-section 2 of Section 91 of the Crimes Act. If breaking and entoring the premises was under the sub-section an ofivnin which Baker knew, or ought to hav<> known, was likely to be committed. in consequence of his counselling to Scott as to how to break open safes, tlien Bakqr was guilty under the seventh count. The * case nntTVr; .the seventh count was not " made 1 out as clearly as was die case under the eighth count. The conviction ought to be affrmeH The other jriern T j£>s of the Court also held that the decision of the jury should stand. — Dominion. ' Th» Or^nd Pnx and pold medal tor quality, Sa^.the wbifiky section of the" FraB2o*Britii»li ExhfHtion has been awarded to the, "White Horse" ■ whisky belon». ing t^a^ackie and <k>., distillers* Ltd., lalar wSJ'Olatfsrow. It was only last month thia oldrcstsolished firm were honoured with the appointment by Royal warrant to HU Majesty the King.