BOYS SENTENCED ON MURDER CHARGE

Rotorua Morning Post, Issue 5328, 14 February 1947, Page 5

BOYS SENTENCED ON MURDER CHARGE

(Prcss Assn-

LIFE IMPRISONMENT,::; SEQUEL TO SHOOTING OF Y0UNG FARMER ii 1 • * * :i

-By Telegraph — Copyrighi.P

HAMILTON, Last Night, . A verdict of guilty in each)f case was returned by the jury ' in th'e Supreme Court at Haffihilton to-day against James I'rederick Dodd, aged 15, and . Cyril James Pascoe, aged 14, on a charge of murdering Raymond Douglas Brinkman, aged" ; 23, farmer, on January 11 at ; . Te Whakarae, "near Taumarup.ui, In the case of Pascoe, aU recommendation for mer cy was made. > Mr Justice Smith sentenced both boys to imprisonment for life with hard labour. In dismissing the jury, His Honor said that its . verdict was the correct one and might have a very salutary effect ih this eountry. Evidenee was completed yesterday, and legal argument was heard this morning. The jury retired at 11.15, This morning His Honor, giving his decision on ,counsel's objection to tbe depositions taken at the Taumarunui Hospital, ruled that the depositions of Brinkman were not admissable. Counsels' Addresses - ' Mr. Strang- claimed a convictidn,' and he declared that the facts were unmistakably elear and conyincing. Brinkman was ^rievously wounded"hya shot fired by 'Dodd. The shot wa'$ Ihe cause of Brinkman's death. Dodd had ' actually admitted the deliberate shooting. There was evidenee of criminal intention. Pascoe was " .an active partner in the series of crini'eS lcading to the actual shooting, by Dodd, on his own admission, and was equally guilty. Counsel said it w.as a pathetic case from all points cf view, and added that it would be a strange state of affairs of a man who foUfld a marauder on • his property could pick up a stick without being slpt at. Mr. Moody said the only evidenee against Pascoe was t'he statement he made to Detective-Bergeant Crom* well. The boy was not then 15 years, of age. Counsel suggested the state,ments were not completely voluntary; and that parts were dxctated. ' Tjfee charge against Dodd co.uld justifiahly he reduced to manslaughter. He was' an escapee, excite'd, and fearful of rccapture. Reference to Operation Counsel then referred' to the operation performed on the wounded man,, and quoted the doctor's admissinn, iri; cross-examination, that had he ob-" served the wound in the small intestine he could have taken adequate precautions. It seemed that there was an element of bad luck in the circura-" stances. His Honor, reviewing the evideriCe': and submissions, said there was abso- '• lutely 110 evidenee that, the boys were"'; likely t0 he attacked, eausing- the shot to be .fired in self-defence. The lawmade it elear that where two or mor'e ^ persons engaged in a felonous afit both were guilty. • The two boys escaped from the Owairaka Boys' Home, 'Mount Alb^rt, on January 6. They were arrested on January 11 at Ohura and taken to Taumarunui. While waiting for a train to take them to Auckland they escaped, took two bicycles and rode along the Taumarunui-Stralford highway. It was alleged that they stole a .22 repeating" rifle, ammunition and nioney from a parked car. ' The boys then went to a farmjiouse and -when they were leaving it saw a\ man ap-pi-oaching. They hid behind a shed, Brinkman, entered tlve house, but came out again carrying a stick. Pascoe started to run up a hill andwas seen by Brinkman, who askedy wliat he was doing". Pascoe replied that he was shooting rabbits. He was ordered to come down. It was alleged that Dodd then came from behind the shed, shot Brinkman in the hody, and as Brinkman rau around the house, fired another .shot. Shortly aft'erward a cyclist and' a motor car cami along, and Brinkman, who was found lying by the roadside, was taken to the Taumarunui Hospital, where he died six days later. The boys were arrested shortly afterwards by a police party.