LAW REPORTS.

Dominion, Volume 3, Issue 824, 24 May 1910, Page 9

LAW REPORTS.

SENTENCES. THE WANGANUI CAUSE CELEBRE. SEVEN YEARS, Tho two Wanganui tradesmen, Joseph Paul Davis and Martin Ilnines, who' were found guilty on Tuesday last of arson and conspiracy in connection with tho fire at tho Rutland Hotel, Wanganui, oji March 22, were brought before the Chief Justice (Sir Robert Stout) for sentence yesterday. Mr. M. Myers appeared for the Crown, Mr, Wilford appeared for the accused, and pointed out to tho Court that men who were honest nud straightforward in all business transactions might, on getting into such a position as the prisoners had got into, make statements, which they would not otherwiso make. If the prisoners had been guilty of arson, the evidence given by tho prisoners was easily explainable. They had been only 100 ready to take a definite course of action to save their own skins. Tho two had not been tried separately on the arson charge, although application had been made that that course should bo followed. Counsel urged that there was no evident© against Davis on the arson charge, seeing that Davis was in kelson at the time, and there was very little evidence against him as 'to conspiracy, l'riur to their conviction on these charges neither of the prisoners had. ever been before a court of law, and had been reputable and honest-living citizens. Hjb Honour, in passing sontence, .raid that Iho case had caused him grave consideration. The function of determining sentences was, to 'his Honour, not cniy his most onerous duty, but it afforded him the greatest anxiety in the enforcement of his judicial duties. There was nothing known against the two prisoners previously, and they were young men, but this was not'an ordinary case of arson. Had it been a case of- the burning of a house or a store, his Houour would ha\e been more lenient. If tho fire had not taken place when it had,-and, as Ins Honour believed, contrary to the expectation of Haines, tho result might have been fur more serious. If the lire had been delayed for an hour or two, thero would have been little chance of having the people who were sleeping in the hotel. The prisoners therefore risked human life, and any action that I ended to afi'ect human lite was always looked upon with horror. His Honour could not do otherwise than follow out tho law in dealing with the ease. The sentence allowed by statute wto life sentenco, but, in consideration of the fact that both prisoners were young men, his Honour would pass a less sentence than had boon meted out for similar crimes in New Zealand. The sentence must bo severe, however, other-, wise the community might consider that' the Courts looked with leniency on actions that affected human life. It was not a question of property at all. Tho .sentence would be that both prisoners should be imprisoned in Wellington Gaol for seven years, and bo kept at hard labour. . THE CASE OF FALKINER. SENTENCED ON ALL CHARGES. The telegraph operator, Edward John Fatkiner, who was found guilty on Thursday last upon a series of charges of—(I) theft, and (2) uttering forced documeika in connection with transactions in pianos, was brought before the ChieiVJustico (Sir Robert Stout) yesterday for sentence. Fnlkiner is a civil servant ;'of 35 years 1 standing, and had been employed for some time past in the operating room of the Wellington Telegraph Office. Tho charges upon which Jio was found guilty were based upon transactions carried out by him as "Wellington agent for tho London and Berlin Piano Company, of Auckland. ' Two other indictments were read .out, one of thirteen, the other of six, counts, charging Falkiner with further theits of pianos and with forgery. Mr. A. t Dunn, who appeared for Falkiner, said that his client would accept the verdict "of tho jury and plead guilty to tho charges of theft, but not to the charges of forgery. Mr. Myers said that ho was prepared to accept this plea. Mr. Dunn, who appeared for the prisoner, pointed out that the latter would suffer, apart from any punishment which the Court might inflict. Ho would lose; all tho retiring allowance which would soon havo fallen dun to him after-hu long term of service in the Post and Telegraph Department. Prisoner was a highly respectable man, practieaily a teetotaller, .and his fraudulent actions were rather the actions of a foolish muddler than of a man with distinct criminal intent. The business carried on by the prisoner had never been very profitable, rents were high, and wages took a large suui. The bogus bailments and agreements for the purchase of pianos had in soiiio cases been paid uj) in full, but » there, could be no denying that tho London and Berlin Piano Company woul'l 1 lose a largo sura. Prisoner was no\ bankrupt, but the company might re deem some of the pianos, and counsel dii not consider that tho loss would bo any tiling like the estimate (*£1200) arrive) at by Mr. Webbe, the mauager of th company. Prisoner was not of the crimina type, and ho had a wife depending upo] him.

His honour remarked that, ■ if. Falkiner received sentcnco upon all of the charges, lie would never have his liberty again. His Honour would, however, take notice of the recommendation of the jury, who hud stated that lie was a man of good character, and that, when he commenced wrongdoing, ho had no intention to defraud anybody. The trnth might be that Falkiner had engaged in a form of gambling common about Wellington— land-gambling. Prisoner: That was not the cause. His. Honour: Well, then, tho mode in which you lost your money is not clear to me. If you had carried on your business properly the expenses of your office and the rent would have been paid by tho commission, and you could have lived on your salary. Prisoner: The expenses were ,£SO a month and the income. .£lO. His Honour: If you knew that, yon should have stopped. You were f'.oiish lo have kept on and defrauded your people. Not only that, said his Honour, but Falkiner had tried to show that Webbe had been a party to his frauds. Apparently, ho had instructed his counsel to accuse Webbe of perjury. There was not a shadow of evidence to support such a suggestion, and the fact that the prisoner had resorted to such procedure could not be overlooked. Kilkiner had gone into the witness-box and committed perjury. Mainly on account of the recommendation of the jury, his Honour would deal leniently with him, and would sentence him to two years and three months' imprisonment, with hard labour. This sentence would cover nil the indictments. SENTENCED FOR ASSAULT. James Cnmmings and John I'ennessy, two ship's firemen, who had been found guilty on Saturday, upon a charge of assault and robbery, were ench sentenced to 18 months' imprisonment with hard labour. Mr. It'. 11. Webb appeared for the two prisoners. His Honour remarked that if lie were not to take into consideration the fact that they had committed perjury, ho would be bound to issuo instructions to the police to take proceedings against them for that offence. Two young men, Kdward Wilfred Kelly and Alexander Driscoll, who had been defended by Mr. A. L. llerdmnii, on Saturday, upon n charge ol assault with intent to rob, were brought, up for sentence. The Court imposed a sentence of 21 months' imprisonment, with hard labour. His Honour remarked that tho law allowed a flogging ill cases of garrotting. In a Ilutt case which was tried some time ago, his Honour had stated that, if auother ease of garrotting came before liiin he would bo bound to inflict a flogging. He was not certain, however, that this was a case of garrotting, although, apparently, sufficient violence had been used to cause a man's noso to bleed.