APPEAL UPHELD

Hokitika Guardian, 9 July 1932, Page 5

APPEAL UPHELD

ECHO OF RIOTS

“OFFENSIVE” WEAPONS,CHARGE

(Per Press Association — Copyright.)

WELLINGTON, July 8. The two appeals against the sentence of twelve months’ imprisonment impoed by Mr E. Page, 8.M., on charge of being in possession of offensive weapons on May 11th last were .Contended before Mr Justice Blair in the Supreme Court to-day, when legal argument in the appeals of Thonias 1 honison and Mervyn . Geroge Berry was continued.

Counsel .hr the Crown maintained that, in the case of Tacmson there was no reasonable explanation cf the presence of a sjtone in his pocket. His'explanation that he got the nuts and bolts ‘ found on him from a wheelbarrow was not credible. Counsel also maintained that Thomson’s '" conduct was consistent with guilt. ■ His Honour said that it was for the Crown to prove a felonious intent, and not for the accused to give explanation. The accused’s explanation aboiit the nuts and bolts with reference to a wheelbarrow seemed not unreasonable, and it certainly raised sufficient doubt to -destroy any sinister inference to bo drawn from, the possession of nuts nnd bolts. There remained, howpver, the question of the possession of a stone, for which no explanation had been given;, Legal argument was then heard as to whether a bare stone in a man’s pocket could be construed “ as an offensive weapon, under the section of the Act under which the appellant wag convicted.

Tn the case of Mervyn George Berry, the alleged offensive weapon was a stone tied up in a handkerchief, which said His Honour, came under a different category from a loose stripe. Legal argument on this point was also heard.

His Honour upheld the ■ appeal cl Thomas Thomson, who had teen sentenced for having in his possession offensive weapons in he form, of bolts, nuts and a" stone. His Honour stated ! that Thomson’s, story that he had obtained the bolts and nuts to build a wheelbarrow was a reasonable one, arid said there was sufficient doubt that he had the stone in his possession with a felonious intent, to justify his acquittal. Decision was reserved in the ease of Mervyn George Berry, who had been sentenced for having in his possession a stone tied in the corner of a handkerchief.

GAQL FOR ONE YEAR,

POSSESSING BURGLAR’S TOOLS.

WELLINGTON, July 8. When' patrolling Oriental Bay about 7.30 p.m. on the 30th June, detectives stopped and spoke to John Barnard McDonald, alias Frederick McAllister, aged 31, and, as a result, McDonald was charged at the Magistrate’s Cburt to-day with being found in possession of house-breaking instruments (a crow;bar, jemmy, jack-knife, and a pair ef socks), McDonald pleaded guilty. In reply to the Magistrate, the accused said the instruments were 'n. a brown paper parcel when he was stopped. He had been given the parcel by a man, who he did not know, jtv«st a few minutes' before the detectives crossed the road. After giving him the parcel, the man had gone off, saying something about getting some liquor. The Magistrate, Mr Page, said: “If this was a man without a record, the presence of these instruments mght not have been so difficult for him; but he has a long list of previous convictions, and I think the only explanation is that he had ' the instruments for some nefarious purpose. McDonald was., sentenced to twelve months’ hard labour.