AN INTERESTING CASE.

Clutha Leader, Volume XL, Issue 43, 28 November 1913, Page 3

AN INTERESTING CASE.

AUCKLAND, Nov. 26. A charge of carrying explosives in the shape of six gelignite cartridges, with intent to commit a crime, or to enable some person or persons unkiioivn to commit a crime, was preferred* against Win. Thoma.s Doyle at the Supremo Court. Accused admitted that he had the explosive i in his possession, but pleaded not guilty to any criminal intent.

Expert evidence was given by W. H. Haszard about the nature of the explosives. Each cartridge would take eight or mine seconds to explode after lighting the fuse, and would upon explosion kill or maim everyone within a radius of loft to 20ft.

Accused, in the box, sworethat the only reason he carried the gelignite explosives was for the purposes of selfdefence, in case he found himself in a crowd which was charged.by mounted specials, His Honor told the jury that the accused's) explanation was an admission of guilt, A man might use reasonable force in order to defend himself, but explosives were not a reasonable force. Under no circumstances, concluded his Honor, was a man justified in using explosives in the street. The jury haying intimated that they wished to consider their verdict retired, After being out for about an hour they returned with a written verdict to the effect that the accused loft his house with explosives in his possession, ty'hich he did not intend to use, except in selfdefence.

His Honor refused to accept the verdict, as it was too indefinite, particularly in view of accused's admissions. The 'jury deliberated -again, and returned with another written verdict, that accused only intended to use the explosives in self-defence if he found himself in a crowd which was charged by special police. Several of the jury having discussed tho case at length with his Honor, they returned a third verdict y in accused's words as had been suggested to them. This verdict was equivalent to one of guilty, according to his Honor's ruling. The jury added ai recommendation that merciful consideration should be shown to accused owing to his excited condition at the time of the offence. Doyle waa remanded for sentence until tomorrow.