DEFENCE FAILS

Waikato Times, Volume 119, Issue 19945, 23 July 1936, Page 8

DEFENCE FAILS

BANK ASSAULT CAbE. PRISONER FOUND GUILTY. ._.... REMANDED FOR SENTENCE. AUCKLAND, Thursday. A \'erdict of guilty was returned by the jury in the Supreme. Court, Auck—ltind, yesterday, in the Case in which James Billing, busliman, aged 33:), was charged that, with intent to facilitate the commission of the crime of theft, he did by violent means attempt. to render James Godfrey \\‘orboys incap—ahle or resistance. The case .\‘as the St’tluel to the incident in the Point Chevalier branch of the Auckland Sav—ings Bank on May 14 when the man~ ager was assaulted. Ai‘ter accused had given evidence on the lines of counsel‘s address, Dr. \V. H. Horton said he had seen Biliing‘s hospital records and X—ray plates. The plates showed a minute metal frag—ment behind the orbit and there was a chronic inflammatory condition of the nose. Alcohol had the effect of completely paralysing the memory for some hours. Afterward isolated events would stand out against the background. " Your Honour. I am speaking from personal knowledge." said witness. He added that alcohol produced automatism. To Mr Meredith witness admitted that it would he a rather startling co—incidence it' accused did automatically the movements about the bank showing plan and design, and if he automatically got the gloves and lead pipe. ’ Mr Meredith called in rebuttal the medical evidence of Dr. H. M. Bucha—nan. Superintendent of the Avondale Mental Hospital. \Vitne‘ss said that in this case there seemed to have been a carefully—prepared plan and a series of purposeful acts. This was not consistent with automatism. lle‘ saw nothing in the case consistent with the theory that Billing was in a state at" mental oblivion. Intention of Accused. His Honour said that when a man went into a bank with a piece of lead piping and concealed himself in a convenient place to assault the manager. and did assault him. the jury was entitled to int'er that his purpose there was to rob the bank. They had to decide “whether it was his intention to rob the bank and whether he knew‘ what he was doing. ‘ After a retirement of an hour and 40 minutes the jur)r returned with a verdict of guilty on the first charge, with a strong recommendation to mercy. ‘ In rcmanding Billing for sentence. His Honour said “he would give effect to the recommendation as far as he could‘ but. a crime of that sort required serious consideration. . W—,_— i