SUPREME COURT.

Dominion, Volume 3, Issue 671, 23 November 1909, Page 6

SUPREME COURT.

THE DETENTION OF A CHILD. . A DIFFICULT CASK. Alfred Charles Warren, a middle-aged man, was .brought before M.r, Justice Chapman yesterday on a charge, of abductions It was alleged that, at Matiere, in the Auckland province, he.had abducted and detained a ten-year-old child, Spencer Aylnier Wilson Hounslow, son of William Hounslow, printer, of'Masterton. The jury which had heard the case on Wednesday last had failed to agree. The evidence at the hearing-brought out that Hounslow had obtained a, decree nisi for the dissolution of his marriage, and an order of the Court had been made that the children' should be given into; his hands. Mrs. Hounslow had left her husband, and gone away with Warren, and two mow children bad been born. They were at Matiere, near To Kuiti, and, under the decree of the Court, Hounslow went up and took possession of the children. Ho took them with him to Mr. Chase's boardinghouse, and, on the following day, Warren, who was accompanied by Mrs. Hounslow, threw up the _window of the boardinghouse and took 'forcible possession of the youngest of the three children.. Since that day,■ Hounslow had not seen, tho child, and had no knowledge of ' his whereabouts. Mrs. Hounslow stated that she considered that- she had ' a perfect right to the custody, of- her .children. She was not awaro of ' the existence of the. order giving the children into' the care .of her husband. The child was now enrolled in' the Sacred Heart College, Auckland, under the name of "Spencer Warren.":. ... Before a new jury was empanelled, Mr, Wiiford, who appeared for the defence, said that Warren was prepared to enter a plea of "guilty" on the charge of detaining the child, if the first count, charging him with abduction, were withdrawn. ' His Honour agreed to allow the withdrawal of the first charge, and entered judgment on the second count. Accused, in the witness-box, stated that: ho was a farmer at. Matiere; in'the King Country. When he detained the child, he was under the impression, that Mrs. Hounslow had a perfect right to care for tho boy, seeing that for six years ho had been in tneir keeping, and the father had not made any inquiries about ■liim. .He, would 1 offer no oDjection to the father's taiirj the child now. Mr. Wilford pointed, out that accused- had no lmowledg'c that ho was breaking the law in assisting the mother to obtain possession of her child. Ignorance of the law.was no excuse, he admitted, but this was not.tlm kind of .caso which shonld be dealt with by inflicting a term of seven years' imprisonment, allowed by the • Crimes-Act. ,The mother w,as resigned to the fact, that, under the order of the Supremo Court,' her husband was entitled to the custody of the .children, until such time as she succceded :in having tho order varied by the Court. It seemed that the child . had had beneScial treatmentvWhile with his mother, arid was terrified to go back to his father; but,■' of these facts, the Court, could take no notice. The order of : the Court, already issued, must not be defied. , His Honour said that, in. the difficult circumstances of the case,; he. must consider what was tho best thing for tho future of tho boy. Ho must, however; give effect to the order of the Court, which put tho child into .the father's care; His Honour would order Warren to come up for sentence., when .i called upon, and-this would leavo.it open for any judge to sentence him for: 1 the • offence 'if such a 'course wiire deemed necessary. His Honour would ask tlio accused to find .<£ls, part of. the costs of the Court proceedings, but no; security would be. required. He would expect , the matter to be mentioned again; say, in six months' time. t

"MISSING LINK " BURGLARY.

A new jury was sworn to : try the case of Thomas O'Neill, who was charged on Thursday last with! 1 the burglary of the," Missing Link'' shop at tho corner of Taranaki Streot and Courtcnay- Placed It. was .alleged] that Alfred' George i Driscoll and he had been associated 'in! tnolcommissioh of tho crime, and the former: was found guilty, sentence having been deferred j\ until alter the re-hearing of O'Neill's case.;i ".<.;...../ '':''■'■■.■"■.■: ■■ -Mr. Cracrbft Wilson for O'Neill, Mr. : Myers "prosecuting^ The evidence of Edwin Joseph Ellis, proprietor of ..the shop, was to' the /effect that. 30 watches, , 23, watch-chains, ": two pendants, one cigarette, case,, and . other.] articles (valued i. at : £49 .'l3s.. 6d.)had' been;: stolen from his window. Constable Mahoney'described the move.ments of the two young men, as ho observed them from 1 the doorway, of-the Egmont Hotel. ; The jury, after a retirement of five, minutes,! ina verdict of ; ! " guilty " . Driscoll was'then placed in the dock, along with ,O'Neill. v ' ;' ■.' ■ ; i ' ■ ■>:•;■-..':.-.. : Passing' sentence on Driscoll, the Judge said" that the-young 'man's record was af, very bad iono, and on a future occasion he would' certainly be , treated as. an habitual: criminal, Technically, ho was >how qualified to "receive an indeterminate sontonco.- He had been convicted Von several serious; charges,' and -his last sentence :,was. one of threo..: years.'- He : would aow be sentenced to four, years' \ hard labour. Mr." Wilson made annppeal for-leniency on jehalf of 'O'Neill,' who, ho said,, hafl not been >efore the' Court during the past six years.. , Mr. Myers .pointed, out that O'Neill had been onvicted throe times for theft, when he was nly a lad. ■ v-'■.

His Honour remarked/that his career. ind» cated a tendency to dishonesty. In,the present instance he might have'been led away by Driscoll,,bnt he. would be sentenced to one year's imprisonment with 1 hard'labour.

-;.:.' -. FOE FOEGEBY. ; v> L -~ ! Georgo Groves) alias Williams,:a young man, r who-had. pleaded B u 'lty at Dahhevirke •to aof forgery and uttering; was brought up |'for sentence. '■■ .*■■'':'■.'':',■'. • ,| Mr. Mjrers, .Crown said that the I prisonerlkad been' before the Court a number of times for similar offences; In 1906-he had recoivedj.a. sentenco at Palmerston North, and ho had also beenconvicted in Wellington. Somo inonoy (about..£2) had been found,on the prisoner, and Mr. Myers suggested that .as it. was evidently the direct proceeds of the'.- forged, cheques it might be distributed proportionately among those Who had been defrauded. . ' ' , "His Honour, in passing sentence, said, that tho prisoner was now qualified to be treated as an habitual'criminal. If ho appeared again he would most likely be placed under lock and key for,'an indefinite period. At tho present time,. however, his Honour did not consider it advisable-, tp declaro him an habitual criminal, the last two offences having been committed practically. at: the same time. '• Apparently two sentences of eighteen months' imprisonment and one of j.wo years;had had no effect upon him,, and he'would have to realise: that if ho persisted in the same course his punishment would be more 'severe!, to three years' imprisonment with hard labour, and an order would be made for tho refund of tho moneys found ihlhis possession. .-;