STICK 'EM UP!

Bay of Plenty Beacon, Volume 05, Issue 63, 10 June 1942, Page 5

STICK 'EM UP!

RIFLE PRESENTED AT CYCLIST

HOME GUARDSMAN'S 'JOKE*

At the Opotlkl Court John James Foy was charged that on sth May lie presented a rifle at Francis Herbert Roe. He was further chargedwith behaving in a threatening manner. Mr Hodgson entered pleas of not guilty in both cases.

Francis Herbert Roe sakl that on. the night of sth May he was going ■ home on his bicycle at about ten. o'clock and when crossing the intersection of King and Church, Streets he' saw a man standing on. the edge of the footpath in Church Street. The man staggered out into the street and witness swerved tot the right to give plenty of room. He then heard the man call out "Stick- 'em up! Stick 'em up!" He looked to the left and saw the man crouching and pointing a .303 rifle at him. He thought he recognised the voice as that of defendant and got a fright as he knew Foy had presented a loaded rifle at the police, a long time ago,. He did n©t observe anyone else about at that fime. Bit of a Joke The defendant, John Foy, in evidence said that he had attended a Home Guard parade and had a .303 rifle with a Morris tube in it. The parade was finished at 9.45 p.m. and he had no ammunition. He had had a drink at about 6 p.m. but no drink after that. He was going home at about 10 o'clock with Joe Ross , and had just got to. the corner when he saw the cyclist coming. Defendant was then about two feet from the kerb. He moved ncross the pavement to cross over. When he saw the cyclist he called out "Stick 'em upf Stick 'em up I" He did not crouch down. He was carrying the rifle under his arm and Ross wasalso carrying his in the same man-* ner. He only called out for a bit qf a joke. He did not notice the cyclist swerve away. Otfrer Witnesses ■S.Mjr. A. G. Stevenson said he remembered Foy being o«n parade on sth May. Foy( was. a member of the petrol guard., He spoke to Foy who did not act to the commands —he was .sluggish. There was noi sign of intoxication. Another witness, Joe Ross, butcher, said that after the parade he walked home with Foy. He was about 12 feet into Church Street when he saw the cyclist. Witness was about fur feet away from Foy. He thought Foy said "Hold on there, where's your light." Foy never left the footpath when he called out. They shifted across the street then the cyclist was about 12 to 15 feet away. He never heard Foy say "Stick em up!" He only heard Foy say "Where's your light." After further questioning the Magistrate interrupted by saying, "I don't think he's speaking the truth. I wouldn't worry about him any more." , Mr Walton said it was admitted defendant used the exclamation informant complained of. His behaviour was such that he gave the informant a fright. That constituted the whole offence. Defendant Avould be convicted of behaving in a threatening manner. He would view the matter as a minor cxne. Defen- , dant was then fined £1 with costs 10./-. Sergeant Isbister agreed to withdraw the other charge.