SUPREME COURT.

Dominion, Volume 4, Issue 955, 24 October 1910, Page 3

SUPREME COURT.

OFFENDERS UP FOR SENTENCE. "OF WEAK INTELLECT." Several prisoners were placed before the Chief Justice (Sir Kobort Stout) for sentence 011 Saturday-.morning.-Mr. T. Neave represented tho Crown. A young man named Charles Buckland - had pleaded guilty to—(1) breaking and entering tho promises of the Eltham Bacon Company, and stealing a roll of bacon, (2). breaking -audi 'entering; tho drapery shop of E. C. Goldstone, at Eltham, and stealing £14 cash and goods-to tho value of £17 9s. 4?jd., (3) breaking and entering tho , shed of Leonard Creswell, of Eltham, grocer, and stealing goods to the value of £1 lis. Gd. All theso offences woro committed 011 one' day—September' 27. Mr. E. Kirkcaldie said that lie' had been instructed that tho ' prisoner (for whom he appeared) was a man of very weak intellect. The Chief Justice: In my'opinion, all criminals are of weak intellect. ■Mr. Kirkcaldie said he'was also informed that the prisoner had not had a decent education, having only passed the second standard. He could but just read. For. the last four or five years lie had, been completely under the influence of a woman who had a very bad reputation. His Honour:-Can you prove that she connived at his .thieving ? If ..so, she can be charged with being an accessory after the.fact. Mr., Kirkcaldie: No, we cannot, but tho stolen' articles wero things of no value to tho prisoner oxcept tho, cash, and that was found sewii tip in, a'rug belonging to this woman. Counsel further said:that prisoner and tho'woman lived in: one house, which was rented by him, but. sho paid tho. rent. She was living apart from her husband, and had four children. The friends of tho prisoner, had tried in vain to get him to'leave her. : The stupidity and. men-' tal weakness of the prisoner' were shpw'n-.'by the fact' that he gave -the stblen. articles of. drapery', !to the children .for' them,, to wear.... They walked down , the street : in them, -and naturally in--a small place like Eltham detection, Prisoner had made a voluntary confession and did not attempt .to shield himself. - i ! - His- Honour said lie could not, under the law, give. probation: in, such a case. - He thought it would bo in tho prisoner's own interest to send him to Invercargill, not for punishment, but see .if. thby. could, cure him, or do liim any good. -He would be sentencedto nine months', imprisonment .in . Invercargill gaol. ' - SOLD ANOTHER MAN'S DOG. ' Harry ' Neil, alias , Henry Lowers, alias Alfred Lister, •. alias Harry Cook, was , placed in the dock to be sentenced for . theft Cof ~ a greyhound, Valued, at £30, a dog-slip valued at £1 55., and .a dog 'cover .-valued at 7s. Gd., the property, of E. .P. Syme,-at Waverley. Mr. R B. Williams; representing the' .prisoner, -admitted, that four years lie was sentenced to' 12. months', impris-. .-.onrnent. for . stealing a 'bicycle. In ;regard! to the- present, case the prisoner was working at his trade as a painter at 1 Waverley when' he was'given charge ,of ;,the dog by. Mr. Synie. Trade becoming -slack,, he.iwenl;- to Patea to: look for work, and tooks ihe dog with him. Still looking fori work, ' he came on to. .Otaki and then.jx>:Wellington. He was to believe-that lie could get ■work- at Blenheim, and- ; he sold the dog :in order to'get money,-to pay his travelling expenses to that place. He. had said, that he meant to redeem the dog arid restore it to Mr. : Syme. The police got oil his track at Blenheim and lie subsequently,.bought back the; dpg ~and it was'*seht'to the-owner. ; , '._ His Honour remarked that prisoner did' not redeem tile-dog' tintil the charge was made;, and the money-was'not paid until ' prisoner. had .been vbefore - tlie Court," and the' .dog had been six days in-!the hands of-'the police: .'' ; ill-. Williams asked,, 1 , that prisoner. Should-.be released' and ordered to come ."up for sentence when called ' upon. Tliat' -would save him more effectively than sending .him .to gaol. .; • ' : : , : Mr. Neave. said the prisoner was working in Wellington before he went to Blenheim, and had previously, tried ,to sell the-dog' at .Otaki. .... '-: '■)- ' V His Honour adjourned the: case until next" Saturday.• and ordered.. a police, port..on the. prisoner's;, character ! and' conduct to be furnished. He' remarked that-he.- wanted to, know what ; effect the previous" term of"imprisonment, had had upon him. "MUST'KNOW ALL; ABOUT HIM:" To Roro Tokaiawa,; a young Maori, when asked whether he had anything to .'say : concerning his offence in"'break-, ing and .entering the' dwelling of Hete To Wiwi, at Moturoa, New Plymouth, and stealing three pieces of greenstone, said he \ras- very, sorry; he. was. drunk at tho time. : ; : ■ -' v ■ " His Honour : Then you ought to be punished for getting drunk. . That is also an offence. . Mr. Neave, in i reply; to a r question from ,the .Bench, ,said,.the. police -report., .was: that prisoner was ,a ; man of indif-' ■ferent general.'character.: . His Honour , said the- report was not sufficient:. '-I: want to: know all about a. Man—for and against; him—before I punish him." ' . • Prisoner was remanded for a week and ordered to restore tlie stolen green--stone (which was.valued at 305.) to theowner.'