THE COURTS.

Press, Volume LXVII, Issue 20234, 12 May 1931, Page 7

THE COURTS.

SUPREME COURT.

CRIMINAL TRIALS

MONDAY. (Bciore his- Honcrni; Mr Ju3tico Adams.) A number of prisoners wore sentenced by his Honour Mr Justice Adams in the Supreme Court yesterday fcfr various crimesMr A. Brown acted a3 Crown Prosecutor. BANK CLERK SENTENCED. "It is impossible to look over such * crime," said hiti Honour, in ordering Robert A. Stewart (Mr' P. D. Sargent) to bo detained for reformative treatment for a period not exceeding throe years, on a charge having, between October 17th, 1930, and April 14th, 1931, stolen from J. Pearce and George Pearce various sums of money amounting to £llO6 10a 6d. Mr, Sargent said that the prisoner was 11 years of age, married, with two children. Ho had been in the employ of the National Bank for 39 years. Ho had always been able to pay his way until bis wife became ill, wheroupon he got in debt. Then he took to gambling and got behind. He next stole tli6 money from the bank with the intention of paying it back, but-was unable to do. so. He was entrusted to pay into th(. bank certain sums or money on behalf cf tho Pearca Bros., und it was in respect pi his failure to do so that ho- had been brought before the Court. Mr Brown said that the thefts bad bean systematic and not one penny bad been paid tack. His Honour said that the fact remained that prisoner had volunteered to pay Pearce* money into the bank and had misappropriated it. It; waß impossible to look over such a crime. The prisoner would therefore be detained for. reformative, treatment for three years. INDECENT ASSAULT. Henry Herbert Pearce (Mr J. D. Hutebisou) appeared for sentence on .a charge cf having indecently assaulted a girl under iho age of sixteen. Mr Hutchison said that the prisoner was married, with five young children. His wife said that bo was an exemplary husband, except when id drink. • Counsel also stated that the medical opinion of two doctors who had examined tho prisoner was that be was of a weak, unstable character, due to his natural father hating bden an alcoholic. Prisoner was an adopted Bon of reputable parents. He had been affected by ■ drink at the time of committing the crime. His Honour said that the Probation Office's report was a'bad one, arid that prisoner bad a bad record It waß the duty of the Court to protect young people from such attack?., prisoner would bo ecntencsd to one year's imprisonment'. . FALSE PRETENCES.' Jfioderick Tuißcy Scott (Mr P. P. 3. Amodeo) appeared for sentence on a charge of having, with intent to defraud, obtained frcm Hyla Francis Gibbard 'the sum of £25 by means of falsely representing that ha wua manager of tho Home Bungalow Buildera, of Christcburcb, and that he owned a. section of land at Fendalton on which ho was about to erect a dwelling. A second charge, to which ho had pleaded guilty, was to having, on .or about October 23rd, 1930, r> Christcburcb, with ir.tent to defraud, attempted to obtain from James Shannon the sum of £7 103, by falsely representing that ho had leased the property of Shannon at Kirwee to VP. F. Price. Mr Amodeo eaid that prisoner was 33 joars of age and had one child. His wife was a partial invalid, and he had never been in trouble before.. - Counsel asked for juobation. Prisoner was in a poiatioa to pay back £25 Gibbard. ■ Sir -'.Brown eaid that' evidently prisoner had decided,to embark on & carser involving 'living'oh his wits; ' Kia "Honour said that: prisoner had defrauded people in the North Island and Christchurch of money,, playing on their ignorance "and crodulity. He would be detained for reformative treatment for a period not exceeding two years. ■ A SERIOUS OFFENCE. Having been found guilty of an attempted unnatural offence, John Sunbeam (Mr P. P. .T. Amodeo) was sentenced to sis months' imprisonment. SENT TO &UNNYSIDE. A youth, aged eighteen, whose name bad beenpreviously suppressed, was, 'on a charge of having committed an unnatural offence, orderod. to be detained in tbe Sunnyside Mental Hospital in strict custody during the pleasure of the Minister for Justice. ' breaking, Entering, and theft. A pica for- consideration in that lie had not been represented by counsel and had been in custody since March COth, was made to his Honour by Peter Busbridge, who had beeu found guilty of breaking and entering tbe premises of E. L. McKeou on or about March 26th, 1931, and stealing goods to the value of £63 Ss; (2) stealing goods to tho value of £63 ss, the property of E. h. McKeon; and (8) receiving goods and clothing to the value of £63 Ss, knowing them to have been dishonestly obtained. j

"I can find no "justification for granting leniency," ssid his Honour, after perusing prisoner's' list of previous convictions. Prisoner was sentenced to two years' imprisonment. AN UNUSUAL COURSE. "I.havo a wife and eight children* and it was for their benefit, not my own, that I did it," said Leonard Rces Wilkiuson, the charge against whom was that (1) on April 18tn, 1031, at Christchurch, ho broke and entered the shop of S. R. Croft and stole goods to the value of £B, and (2), that on the same date, he received goods knowing, them, to , have been dishonestly obtained. : .His .Honour- stated that the case presented a - serfouii difficulty. ■ Prisoner appeared- to be.-B sufferer/from tuberculosis, and had been in the - Sanatorium twice, but would not stay there; 'Drink was at the root of . his trouble, according to a previous report. In the, circumstances prisoner would bo ordered to. come up for sentence within two years if called on. A condition would be that he go into the Sanatorium and remain there until, finally discharged. Ho, must at ail times conduct himself to the satisfaction of the Sanatorium authorities and Probation Officer. Unless he did bo he would be-brought before the Court for sentence. , • I"'- SIX' MONTHS IN GAOL. 'William ' St. John, aged. 44, was sentenced to six months? imprisonment on each of two charges of breaking, entering, and theft, the sentences to be concurrent. BURGLARY CHARGE. Arthur Ernest Eldred, on a charge of burglary, was sentenced to a year's imprisonment. It was stated that only £9 worth of the value of the goods Btolen (£200) had been recovered^ ACCOMPLICES IN CRIME. , Robert W. Looming (Mr P. P. 2. Amodeo) had Ivan Ashley Smith (Mr M. J. Burns) appeared for sentence on charges of breaking, entering, and . theft froii the premises of Henry Harris. Sfr Amodeo said Leepiing had been convicted twico before, six or seven years ago. Ho came of respectable parents, but 14 or 15 years ago a horse fell on him and injured his head, which had nq doubt caused him to do some extraordinary things. Counsel would suggest that prisoner be gtood down for examination by the prison doctor. ■ ' t Mr Burns said that at the time of the offence Smith was Without money, and there was no food in the" house. He also had his • father to keep. Tho crime had been suggested to him before by Leeming, but ho would not consider it until faced with destitution If probation could be extended counsel would suggest that Smith was the richt type to take advantage of it. lio was of a weak rather than » criminal type. "Is it true that he was in a state of destitution }" asked his Honour of the Probation Officer (Mr Darby). Mr Darby: I happen to know different. I am sorry to' have to contradict my friend, but what he says is not true so far as destitution is concerned. I would have heard of it if it wero true. His Honour said that Leeming uppeared to be the ring-leader, and had committed 1 a brutal assault on an old man. No case had been made out -for probation, and he was afraid that he could not accept counsel's contention concerning destitution. Mr Burns said that he did not wish to be placed in l a false position. He had been told by Smith that the facts were as stated by him. His-Honour said thu.t Mr Burns was bound to act as he had done, and he would not suggest that counsel were bound by the statements of their clients. Mr 1 Burns, had done only his duty, but the statement- made by the Probation Officer made it impossible for his Honour to accept it. Looming waß sentenced to t\ro years' reformative treatment, and S'mith to one year. MAGISTERIAL. MONDAY. (Before Mr E. D. Mosley,' S.M.) : ' THEFT CHARGES, George Cann (Mr E. S. Bowie) was charged With the theft of tins of tobacco and food, to a total value of 15s 9d, the property of Bome persons unknown. Detective-Sergeant J. B. Young asked for a romand until May 19tli, but this application was opposed .by Mr Bowie. His client, he Baid, claimed that the goods had been bought from another man, who was. ready to appear in Court. , . Tho. detective stated that the goods answered the description of some stolen' from a shop in Wilson's jroad on Friday night last. The : tale about the man from whom the good*

were claimed to have been bought in the street was an old one. The police wished to make further enquiries, and there was a possibility of other charges being brought against Cann. The remand was granted,-bail being allowed in the sum of £IOO and one surety of £IOO. John James pleaded not guilty to charges of drunkenness and of the theft of a watch and chain on May oth. ■ On the application of Sub-Inspector P. J. O'Hara he was remanded to appear this morning. . ' * DRUNKENNESS. Walter Stanley Ling (Mr E. S. Bowie), a third offender for drunkenness, was fined -o. in default 14 days' imprisonment with hard labour, and. was ordered to take out a prohibition order. MOTORIST CHARGED.Charles Thome (Mr D. .W. Russell) was charged with-being intoxicated in charge of a motor-vehicle on May 9th.. On Mr 'Bussoll's application the case was adjourned until this morning, bail being allowed in the sum of £25 and one surety of £25. ' ■ TRAFFIC CASES. Breaches of the traffic regulations were dealt with as follows: — Failing to comply with signals: Raymond Brown, 5s and costs; Alexander Coskie, 10s and costs; Wilfred Robbins, 6s. and costs. Unlicensed motor-lorries: Sydney Walter Frost, 20s and costs; Frederick T. Hamilton, 20s and costs,' arid cost only for using an expired disc; William Thomas Henry, convicted and discharged, with £3 and costs each on charges of using an unregistered trailer and overloading: Reginald P. Jarden, 10s and costs; Andrew A..Holland, £2 and costs. Offences against the parking regulations: Edward H. England, 30s and costs; Isobel Turrell, 10s and costs; Edwin J. Wilson, 10s and costs. • Driving at a speed dangerous to the public, William Douglas Gemmell, 20s and costs; failing to give way, Harold Lightband, £2 nod'costs; cutting a dome, Stanley N. Maf-. fey, 20s and costs; having no rear vision mirror, Ellwood Rooney, 10s and costs; having no tail-light, Eric F. T. Muirson, 5s with coßts, and 5s and costs for having no number plate; failing to produce a license, William Lamberton, 10s and costs, costs only for having no number plate, and 30s and-costs for having a noisy exhaust; no driver's license, (feorge Johnson, 10s and costs; for having a noisy exhaust, Frank Harris, £2 and costs, and 10s and costs for having no license. J'or having a motor-lorry unlicensed for heavy traffic, Charles A. Driscoll was finod £lO and costs. MAINTENANCE CASES. (Before Mr H. P. Lawty, S.M;) For disobedience of a maintenance order, George. Clarke was convicted and sentenced to seven days' imprisonment, the issue of the warrant to be suspended provided arrears are paid off at tho rate of 2s 6d per week in addition to tho amount of the current order. Similarly charged, Charles Herbert Lilley was convicted and ordered to come up for sentence if called upon within six months. A maintenanco order of 12s 6d per week each for three children was , made , against Leslie Bernary Boyd. Charles William. Hyland was ordered to pay £2 8s per week for tho maintenance \of his wife and child.