LOOKING DOWN THAT REVOLVER BARREL

NZ Truth, Issue 1212, 21 February 1929, Page 8

LOOKING DOWN THAT REVOLVER BARREL

"Gilbertian" Plea

Premeditated Act

When Desperate Crooks Use A Gun and Menace Peaceful Citizens, The Law Gives Its Ear To Amateur Status Plea

HIGHWAYMEN ARE SPOON-FED ON LIGHT SENTENCE

IN the face of their written statements to the police after their arrest, m whi c h they admitted their '.Tuilt, and the fact that they had had two revolvers with them, only one of which was operative, it would seem that the ancient game of highwayman might become far safer and less Eric Manson serious, insofar as the consequences are concerned, than that of breaking and entering. . Can it be that the age of romance is not yet dead, and that our judiciary is somewhat influenced by tne manner m which a crime is executed, rather than by tne possible effect on tiie public mind, and .on those who may be tenanted to go and do likewise? Having expressed his sentiments by saying: "The dilliculty is, however, that at night you cannot tell whether a man is an amateur or a professional highwayman," his honor, Mr. Justice Blair, allotted Hoy Patrick Kitehing, aged 20, and David McKenzie Stewart, aged 27, twelve months' reformative

detention .apiece, while the latter received ci further six montns' detention, to be cumulative, on the charge of false pretences m the matter of the cheque which he passed' on the Central Hotel for £23/7/6. In making his appeal for Kitching, Mr. Cocker, who' spoke for nearly an hour m his efforts to make light of the criminal venture, made some capital of the "Gilbertian touches," as he termed them, which vVere evident m the case. The prisoners, he said, had agreed that there yhould be no shooting:, and the discharge of the pistol was purely accidental;" By way of emphasis he pointed out that the Crown had withdrawn the charge of shooting with intent to kill, which left merely the charges of being armed and assault with intent to rob. Mr. Cocker stressed the timidity of the two highwaymen, who were probably as '• frightened ' as the persons

(From "N.Z. Truth's" Special Auckland Representative). < i M l l l l ff i m 1 1 1 r v 1 1 1 1 1 1 m 1 1 1 1 n(i ( 1 1 1 1 1 1 1 it i f 1 1 1 r 1 1 1 1 1 rr i h 1 1 1 1 f 1 1 1 1 ( 1 1 1 1 ( f 1 1 rllml l r t ( 1 1 n 1 1 1 r 1 1 J im m 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 mimmii Mt m n ( 1 1 mll m 1 1 1 1 1 1 M 1 1 1 1 1 M 1 1 1 1 1 1 1 1 1 ll 1 1 1 1 1 1 1 1 1 1 1 1 1 1^" [ Had the eloquent pleas of counsel anything to do j | with the %ht sentences meted out to the two West- | I field hold-up men, who, with lethal weapons, set out to j | reimburse themselves with the cash of others when they ,| i found themselves m financial straits? 1

whom they attempted to rob. He dwelt on the unblemished record of his client, and staled that ho had sixteen affidavits from Melbourne from 'clergy r men, business men, schoolmasters, and even a journalist, all of -which went to show the good repute of Kitching. Mr, Cocker went so far as to call m support a gentleman by name of, George D. Speeenley, one of the Melbourne Trust Company, and this gentleman swore that the trustees had large sums of money In hand, which could have been sent at request by the prisoner for any special purpose if they had received a cable. The witness spoke of sums from £100 to £3000. "They had no wish to do more than intimidate their victims," was one sparkling phrase which flew from Mr. Leary's tongue when he took ur the tale for Stewart. The social influence the two men had gained as n result of their' al--leg c d connection with an aviation company had, he said, turned their heads, and was responsible for them living beyond their means. A cable which Stewart had sent his mother m the States asking for five hundred dollars had met with the response: "Love and sympathy Trust m Go d.— Mother."

There were several smiles m court when i Mr. Leary. whose eloquence is well known, said that his client had only wanted enough to enable the cheque he had

cashed to be. met, and for their immediate needs. When they heard from America they intended to return the money. It must have been an unpleasant jolt to the two timid roadmen .when the liftman at the Central said to them: "I see you hud a. hold-up last night," for this is what counsel stated was said. In terms almost pathetic, Mr. Leary described the hardships of the two scared men when they reached the wilds of the north; how they had driven their car into a creek, which they heard was only two feet deep, only to find it \vas at least six feet m depth, and had had to live on the scanty fare of rabbits and such fish as they could catch. It was, Mr. Leary made out, nothing but a foolish prank. But Mr. Meredith was not inclined to take so lightsome a view of the affair, and he spoke 'at some length on behalf of the Crown, laying" stress on the fact that a case of this kind was a direct challenge to the right of '. the public highway. It could not be treated m a light and airy manner as one counsel had treated it. Cold steel had been pushed into Henderson's ribs, and Holland had had cold .• steel pressed against his temple. But for the courage of the motor-cyclists the robbery would have been completed. His tones stern m comparison to those of the two

previous speakers, Mr. Meredith said: "In crimes of this class, which are a direct menace to the safety of human life, and a challenge to the right of members of the community to use the. highway m safety and without fear, thQ punishment, should be deterrent." Later he said: "Punishment should be inflicted that should act as a warning to those who are at present m the community, and to those who may later come among us, that the penalties for these offences are such that anyone will hesitate long before attempting a repetition." His honor, Mr. Justice Blair, did not then and there arrive at a decision, but when the court resumed for the afternoon session he gave his decision. Probation could not be granted m cases of premeditated highway robbery, he announced. He accepted the fact that the prisoners were amateurs, and had acted on the spur of the moment.

The act had been one of premeditated highway robbery. His honor concluded a somewhat lengthy address by saying: "I have some doubt whether I am not too lenient m not punishing them more severely. They both require a sharp lesson, and if I fail to give it I should be failing m my duty to, the public." After which, as we . have stated above, the two highwaymen of social aspirations, and timorous' disposition, were given the sharp reminder that safety of travel shall be a byword m New Zealand, and donated twelve months' reformative detention apiece. There is reason to believe that there will be a wholesale demand for consideration of their sentences by men tit present m Mqunt Eden gaol, for the sentences on Stewart and Kitching have been the sole- topic of conversation since their announcement.