A DISPUTED “FIVER"

New Zealand Times, Volume XLIV, Issue 10272, 6 May 1919, Page 8

A DISPUTED “FIVER"

WANGANUI INCIDENT LEGAL CONUNDRUM FOE APPEAL COURT. In December last, at Wanganui, Harold Maxwell Parker was tried before Mr Justice Chapman, In the Supreme Court, on three counts—robbery with violence, theft of £lO 9s from the person of Lewis Henry Winwood, and assault on the latter. The jury returned a verdict of guilty in respect of iho third count, but with regard to the remainder of the Indictment the jury failed to agree. After further consideration, the jury informed the judge that its verdict was ‘‘guilty" on the third count, and on the rest of the indictment the only conclusion it could arrive at was: “That after as-' sanit, under fear of further violence, Wimrood handed ever the money to the accused.” On that finding His Honour took the responsibility of directing the jury to return a verdict of guilty on those counts, but he stated at the time hat he would ask the Axjpeal Court whether the direction was a right one. Parker was sentenced to six months’ imprisonment with hard laihour on the third count, and to fifteen hionms on the second count, the sentences to run concurrently. ' vV'itn regard to the first count, the prisoner was not sentenced, pending the Appeal Court’s decision.

V hen the matter cam© before the Appeal Court'yesterday the Bench was occupied by Their Honours the Chief Justice (Sir Robert Stout), Mr Justice Chapman, and Mr Justice Sim. Mr R. S. K. Macassey appeared for the Crown, and Mr L. L’E. Edwards for the prisoner TW court was asked to decide the following questions; (1) Is the verdict a verdict of guilty on which sentence could properly be passed:- ' • ■ .

(2) Was the direction to the jury, toilowing upon their finding,' to return a verdict of guilty correct? (3) Is the verdict supported by and consistent with the evidence.

The story, as related by Mr Edwards, Was that Wiuwood, who was a farmer at Eltbam, paid - a visit' to Wanganui. He then .had only £6 in his pocket,' but later in the day he obtained a cheque for £IOO from his solicitor. This he changed into £lO notes, and placed £3O in his trousers’ pocket. Subsequently the prisoner and Winwood mot in an hotel, and the former wanted to toss for a “fiver.” In consequence; of lus heavy drinking, Winwood was turned cut of tho hotel, and ho took a tram to Aramoho, .being closely followed by Parker. The latter again demanded payment of the “fiver,” which he said lie-had won, and the offences alleged occurred - near the tram terminus.

After hearing legal argument on the questions submitted, the, court reserved its decision.