PECULIAR CONDUCT.

Press, Volume LX, Issue 18235, 20 November 1924, Page 6

PECULIAR CONDUCT.

- REVOLVER LEVELLED AT MOTORIST. (ePICULL TO "'THE SESSS.") AUCKLAND, November 13. The unusual conduct of Lawrence James Prendergast, aged 30, in Albert street last night, wns responsible for his-appearance at the Magistrate's Court to-day charged with assaulting Benjamin Augustus Berry, and also -with presenting an unloaded revolver at Berry. Senior-Sergeant Kawle said that last ni"ht when Berry, a motor-car salesman, returned to Pullan and Armitage's garage he pulled up fcr an attendant to open the gats, waiting there he noticed a man coming towards him. Accused placed his left, hand on the door of the car and said: "Now what about it?" Accused drew a revolver •from his pocket, and pointed it p.x Bern' who caught hold of accused's wrist'and gave it a turn, the-revolver falling on the floor'of- the car. Berry then got. hold of the revolver and put it in his pocket. Accused was then handed 1 over to a policeman. Berry said he thought accused hada wicked motive in his mind when he pointed the revolver at him. Mr Butler, for the aceused, entered a plea of guilty to both charges. The revolver (produced)- did' not contain either a hammer.or a cylinder to hold cartridges. Yesterday aceused, who had been up till recently practising as a solicitor, had a little too much liquor. Counsel would admit that a technical assault had been committed, but excused it as a drunken freak and joke on Prendergast's part. It was a, silly thing to do, but accused had borne' a good" character, and had never been be-, fore the Court before. Senior-Sergeant Kawle pointed, out that-the effect of presenting a revolver without a cylinder or hammer was the same as if a rear unloaded weapon had been presented to Berry. It was just a question for the Court as to whether the revolver came within the meaning of tho Arms Act, and as to whether it should be confiscated. Mr Butler: We will make you a present of the weapon. Mr J. W. Poynton, S.M.: That is not the point. The police do not care whether they get the revolver or not. It is a case of a man pointing a weapon at a man and terrifying him. Berry did not know at the time that the revolver was not a complete weapon. The charge of presenting an unloaded revolver will, bo dismissed, but on the first charge accused will be fined £5, in default 14-days.