ROBBERY UNDER ARMS

Hokitika Guardian, 14 February 1929, Page 2

ROBBERY UNDER ARMS

WESTFIELD HOLD-UP. (By Telegraph—Per Press Association.) * AUCKLAND, Feb. 13. David McKenzie Stewart, and Roy Patrick Kitching, ap]ieared for sentence to-day, in connection with the Westfield hold-up of Sam Henderson and other jockeys on the night of the To Kuiti races. Kitehing’s counsel said if that prisoner were allowed to .leave New Zealand, arrangements had been made for him to go to his brother’s farm in Western Australia, where he would be kept for at least six or seven years. His family’s trustees had been advised to allow Kitching money up to £IOO if he demanded it, and were empowered to give him £IOOO if for some reasonable venture. Stewart’s counsel said that prisoner was not only guilty of being in possession of a revolver with intent to commit robbery, hut was also guilty of dragging the younger man into nefarious ways. In America, Stewart was an air-pilot, and in Australia got a pilot’s ticket. Stewart had told an Auckland paper lie came to New Zealand to start some aeronautic venture. With the publicity, influential people began to call on the pair at the hotel, and Stewart was consulted on aviation. Socially they were presentable. Social calls resulting, Stewart passed a cheque for £23 at the hotel, and when money did not arrive from America to meet it, they went to devise ways and means. The Westfield hold-up was the outcome. The obstruction they put on the road at Westfield was negotiated by several motors, till the pair tried Henderson’s car with the jockeys aboard. Stewart had presented a revolver, but the pair’s appearance was not intimidating. Stewart cabled his mother for 500 dollars. Ihe only reply was “Love and sympathy. Trust in God—Mother.”

The Crown Prosecutor declared that this sort of crime should not be permitted to start in Now Zealand. Mr Cocker, who appeared for Hitching, said the Westfield hold-up had certain Gilhertian touches. Botli prisoners were thoroughly .frightened, and they allowed several cars to pass before they had the courage to hold ono up. The shooting was entirely accidental. There was no evidence which would have identified them, and if they had brazened it out, there would have been no evidence on which to convict. 'lnstead of that, they confessed.

Judge Blair: T don’t know about that. The police have a nasty habit of remembering these things. Mr Leary, who appeared for Stewart, said his client at no time presented a revolver, and the offence was really a very foolish prank. The Judge said: This case is not one in which I can grant probation. I think both men were amateurs in crime, and did it more or less on the spur of the moment, but from the point of view of the people held up. it was a attempt at highway robbery. I propose* to give you both terms of reformative detention, but even then I have some doubt as to whether 1 am not too lenient. You both require a sharp lesson, and 1 would he failing in my duty if 1 did not give it to you. \ou will both

be sentenced to one year’s reformative detention and Stewarl will serve an extra six montlis on the other count of obtaining money by false pretences. to which he pleaded guilty.