POLICE HELD UP AT PISTOL POINT

Chronicle (Levin), 14 May 1946, Page 7

POLICE HELD UP AT PISTOL POINT

-Press Association

mclntosh and burke found not guilty

j By Telegraph-

\\ ANGAjN L 1, May 15. I Tuu young nien at presenl awaiting jsuitciieo for robbing tlie Bank of NTow Zealand at Bulls, today wero acquitted by a jury in tho Bupreme Court on a t charge Ihat on Eobruary 25 at Wanganui, lliev broke and entered tiro premises of tho Department of Agriculture willi intent to coiumit a crime. Two constablos said in evidence that ulieu searching the preiniscs at niiduiglit, tliey wero hold up at revolver point and lold to got out. Tlio aecused wero Kaymoud Edward Mclntosh, garage allendant, aged 22, ujuI William Laurence Burke, labourcr, aged 2U, both of Palmerston North. Mr. X". lh Bain, Crown Prosecutor, Wanganui, couducted tho prosocutiou and Mr. A. M. Ong'loy, Palmerston Xorfli, appeared for Mclntosh and Mi h. haurenson, Palmerston North, 'for Burke. lv idonce was giveu of the premises having been entered. Constable 1). 0. Kuscoe said that willi Constable A.. Crowlev he found the Ridgway Street door of the premises open. Thev went insi'le and upstairs where witness lieard a slmffling soimd. lle walked along the passageway fiasliing a torch at tho various doors.- Wlien he reached the last door he saw a man witli wliat appeared to l»e a coltr evolver in oue hand. "1 put my torch on liint and said 'What are yon doing here?' " said witness. "He ordorod inc to put tho torch out and slep baek. His altiludo was throat eiiing. '' Witness went baek and met Constable Crowlev at the head of the stairs. Crowlev also slione his torch but was tohi to stcp baek. Both constables left the building slamming the door after thein. Crowley kept watcli wliile witness telephoned the policc stntion for assistanco. A searcli was made of Ihe building lnler but nobody was I'oniid. Witness atlended an iden (ilicalion parade and identilied MelnI tosli as the man on whom lie liad sliono j Ihe torch. Cross-examined witness said lie wasted no tinie when toki to put tho torch out and stop baek. His Houour, >Sir Arcliibabl Blair: What sort of voice was it — a sergeant inajor 's voice? Witness: Xo, it was not a deep voice. His Ilonour: Did he use any adjective when rcfcrring to tho torch? Witness: Xo, lio just said put it out. Undor further cross-cxumination by NI r. Ongloy, witness said that wlicn he attcndcd Ihe idcntification parade he know both nien had been arrested. Tho mon on parade could have eome from anywkere but he knew only oue of Ihem. He had not seen Mclntosh before. Mr. Bain: ITuve you any donbt about vour idcntificatiou of Mclntosh on the parade? Witness: Xone whatever. Mimilar evidence was given by Constirble Crowlev. Tliis witness also atlended the idcntification parade. "Without anv doubt T identilied Burke as the man wlio held us up, ' ' said witness. Sumniing up, His Honour said the case was oue purely of fact. The Crown undcrtook to provc that tlie two aecused werc in the building that night. Tliis was a very narrow question depending 011 the evidence of tlie eonstables and the jury must be satisfied that the two meii were on tlie premises and that the two nien were tlie accused. "I am bound to tell you this is by no inenus a strong case," said His Honour. Tlierc was a rislc of mistaken identity. The jury was absent 25 minutes before returning with a verdict of not guiltv. Both accused will appear before a jury toiuorrow charged with holding np itlie proprietor of the Rutland Hotel and robbing him of a sum of money at revolver point, a true bill having been returned on that indictment by the grand jury.