LAW REPORTS.

Dominion, Volume 4, Issue 949, 17 October 1910, Page 3

LAW REPORTS.

SUPREME COURT.. THREE PRISONERS SENTENCED. A WANTON THEFT. -Three prisoners were sentenced by the. Chief Justice (Sir Robert, • Stout) on Saturday-morning. Mr. T; Neave appeared for, tkorCrowii. John Cicel; who had pleaded ; guilty "to stealing 2-s,homing pigeons, valued at £31, the property of Ernest Albert "Cole,' .Wellington, was. not; represented by..counsel. , His Honour remarked that the defence raised by. tho prisoner was that he, thought' tho pigeons were his own'. If. lie . had thought that, he ought not to have pleaded guilty to stealing them. - If he had had any claim, upon thera. he . should ,not have gone at night and taken thein. : ' Why did lie not go by daylight and say. they wore his? Prisoner! I went onco ia:d -they woiild hot listen to mo. ". .. '

; 'His Honour said. that, .according to tho'' evidenco in. the ~ Lower . Court—, which prisoner had .apparently admitted by, pleading' giiilty—he had boarded at Mts;' ; Colo's.,up to •■two'..'or three years ago, and thb .pigeons' .were not his, and he had no authority -to remove them'. *. ' Mr. Neave: said .that prisoner was represented By:: counsel in the Lower Court. : - When, asked whether , "lie wished to call any evidence, prisoner . . .called. ' a man named -Nisli,. who' was' present in C-ourt,. but' tho latter, without going into tho box or being/sworn, ~ said he knewi-'nothtngabout the .ownerdiip : of thb-pigeons!-Prisoner then' mentioned the name of another man' as a/witness, but lie was not present. ' • ; His Honour; said he could do nothing more for tho prisoner. Ho had• pleaded. guilty stealing .the :and ivantonly killing .them. That, was a cruel ..'thing-, to ;• do, 1 and showed a bad mind. Prisoner had also : been convicted ■ of . using ',; obscene '; language. His Honour's opinion- was - that- the theft was committed after a drinking bout; and.-.that .' on - coming out of the hotel at 10 p.m., had some feeling' of' revenge, thinking her had been, ill-treated,- and" then wentand . took. 'tho ;pigeons.''; Ho would- be: sentenced .'.to : six months' imprisonment, with hard'labour. '

THEJFT FROM A MATE'S WHARE

;v* A - youth . named 'Harry M'Clelland, who had;; pleaded - guilty to breaking ••aii'd-fenteringday tho d\r«liing:>of' John ;M'Cabs, at Waihua,, and stealing tlierefrom ;.clbtliiiig::, valu(sd at' £.1, was represented : by;. Mr.: R. 8.. Williams. ,

Robert Cecil V'Glendittnihg, - .dentist,■ said; that ' the accused, ' Whom ho ; knew "employe* on'witness's mother's .station iat Waihua,'."was,".-regarded'-, as :of::st-eady-and reliable- character. : : ,

■'f 'Counsel also handed. in a letter from the.mahagbriof 4he : 'Hawko's Bay" Motor. Company'. as to' the character, of '-' the prisoner. Counsel proceeded to ask' 'that' probation' be granted.;' Ho submitted that, the: probation-, bfficsr'-s. .re-; .port./showed, '.that .prisonerwas'.indus-, tribus, and .of . a saving, disposition, a-S: hbiwas!'eavnihg.3os. : a week and had. put Ify :^ z■;,- :' .His : Honour .-said . tho report' , apparently showed.that it was a meaii t-lieft. The;, pi-isoner had' plundered:: the . whare' pf.;;avfell6.w-wb'rkerJ--''-Ay.ho..'' was a poor man, .antrtaken his clothes. ': ■..• ; In : , passing-, sentbiice', . his ; Honour .marked that:a; judge liad said- ' thai every was: entitled. : to one.. go, fqrth yiat ';eyerv - person.: was ..entitled to;;oiid 'steal,''beforp'-hb: was punished,' However,; as 1 the prisoner -was 'onlj'' It. years/pf age; and: nothing .was knowr ag'aiiist.'hi.ih : before w'buld b: placed- on' probation ' for twelve'' mdriths'. and'would,have to report, himself to thr ,proJ)atiou.v; ; every .month. He must pay: t-he_,costs ,of. prosecution, thr espbnsb '.of, bringing- him- to Wellington '.ancl two; guineas, '.costs of 'counsel- .' He. .wo|dd be. allowed' threemonths. to pay. ."And J hops,added his Honour, "that you will not corno here again:" HABITUAL CRIMINAL. Albert Barfoldj-j alias Laurist' Wesi guard,:; alias'.,- Ludwig'. Vinge, : : alia;. .Louis: | Lind, .: ahas - . Louis ■ Fran, semy. V.had.-.-admitted; "stealing: '. cloth ing, valued at- £4 los; (3d.,.. the; pro pert-y .of..Edwin;James Walsh,, from th "dwelling of ;Alfred C." Barnes,"'at Napieif on Septcmbor 26. ; .-/'.-i—'■.: ';:

:' His/Honour'observed that.there', thirteen: previous convictions : agaiii si' the v prisoner/abeginhingv. in/.,1901. H,< had; : been sentenced on nino different occasions. ~

: Prisoner: .admitted the: correctness cf the '.list of; convictions . read . -by ' his Honour. , . ,

.;,Iri sentence/ /his Honour said: ; "It us of, ho 'use for' you to, keef on going in and' out of gaoi. ■ We shal! have, to, see if we 'can - do. anything. te save-'you from crime. ' You; 'will , be sentenced,. on_; this charge ,- to - nin'Cmonths' imprisonment with hard, labour, : and I declare.: you a habitual .. criminal So,;, if vyou. want to come;out of. gaol you will have to try arid, reform.". •