APPEAL FAILS

Hokitika Guardian, 19 July 1932, Page 5

APPEAL FAILS

;//" CARRYING A STONE. JUDGE UPHOLDS SENTENCE. (Per Press Association — Copyright.) ' WELLINGTON, July 18. In a reversed, judgment 'to-day, Mr Justice Biair unheld a sentence of twelve months that was- imposed, by Magistrate Page on Mervyn George Berry, who ivas charged with being found armed with an offensive weapon with felonious intent—namely, a stone tied in a handkerchief, during recent disturbances.

Mr Justice Blair said that lie had not any doubt that Berry’s object was to resist any attack from the police or special constables. His Honour aid he regretted that he could interfere with the sentence imposed. / He had been tempted to do so, but'if he'did he would be., failing ing his duty and it would undermine the adminstration of justice.^ There was no distinction, said His Honour, between interfering with a police officer, a judge, or any person whoso, duty it was to maintain order and carry out the. law of the land without fear or favour, as long as it wan the law of the land, Berry notwithstanding the fact that he was of good character had joined pne might say “The. Rabble,” j and had blindly followed, and uas prepared to become one of those who ..were there to destroy the very fabric of the maintenance of peace and order in the country. : - ! . ' ' A V' _ //. : He continued: “I do desire to im-. press upon everybody the very great importance and real gravity of crimes of this nature at this particular time, touching as they do the' very vitals of the administration of justice,” His Honour ‘said that he had heard it stated severe punishment should not be meted out’ in such cases. People who said that did not appreciate the serious position that would eventuate if such offences were allowed to 'go unchecked. SEVEN YEAR SENTENCE. . AUCKLAND, July 81. A sentence of seven years’ imprisonment, with hard' labour ,was passed by Mr Justice Herdman in the Supreme Court, on Alphonsus Donovan Garaway aged 25, who had pleaded 'guilty to two charges of committing incest at Ohinewai last year.