LAW REPORTS.

Dominion, Volume 4, Issue 991, 5 December 1910, Page 3

LAW REPORTS.

SUPREME COURT. , in PRISONERS SENTENCED. T »I al His Honour Mr. Justice Chapman passed sentence 011 Saturday morning J® upon three prisoners who had previously q been convicted upon criminal charges. a Mr. H. H. Ostler appeared for tlio ic Crown. tl of "Between a Coed Life ant! Hell." pi John Adams, convicted of having stolen from the Terminus Hotel, 011 November 18 last, a gold ring, coral F beads, ajid various sums of money, belonging to Annie Sullivan, was asked whether 110 had anything to say. — After a pause, the prisoner pleaded for a' chance to rccover himself. "At the present moment, your Honour, I am standing between a good life and hell." * "What is known of the prisoner?" inquired his Honour. Counsel for tho Crown read out a long list of previous convictions, which included six serious charges and various minor offcnces, committed in different centres in tho Dominion. "You seem to have been regularly addicted to crime," his Honour observed, as counsel finished tho recital. The prisoner pleaded that ho was not ' in a responsible condition of mind when lie 1 committed the offences. "Well," commented his Honour, "you require to be taken care of. Do you admit tho list?" "Yes, your Honour." "Six times," his Honour pointed out, "you have boon convicted of serious crimes, in addition to other convictions, spread over a series of years. This year you liavo already been convicted of- theft, and of being an idle and disorderly person. The only way of dealing with men like you is to try the reformatory methods which tho law now provides. You will be sentenced to two years' imprisonment with hard labour, and declared to be a habitual criminal." "A Very Cowardly Act." James Jones, convicted of assault and robbery upon an old man of 70 — William Blair —at Stratford, on November 9 last, pleaded in extenuation of his offenco that ho had been drinking very heavily at the time, and had been suffering from delirium tremens. Counsel for tlio Crown, referring to the records, said that tho prisoner was 33 years of age. There was only one s s sentenco on an. indictment—twelve | months' imprisonment for theft at Gisi borne, in 1907. In 1905 110 served six | months for theft at Dannevirke, and in % tlio following year 'one month for theft 'i at Wairoa. There were other convic- \ tions besides. • J "Your, rccord shows that you have I had a very disreputable career," ob- | served his Honour, addressing the # prisoner. _ "It may be," 110 continued, § "that drink was responsible for this particular offence, but tho man whom, a you attacked and robbed was an old i man. It was a very cowardly act, and I it is 110 answer to say that you wcro £ drunk. There is a long series of crimes | recorded against you, indicating an iuS clination to dishonesty. I cannot over- | look the circumstances surrounding this offence; —this attack on an old man. | For this kind of offence tho punishment | must bo very severe. You are sentenced | to threo years' imprisonment with hard | labour." i A Narrow Escape. | Cecil Stanley Chaplin, a youth conI victed of having on November 22 un- | lawfully detained six postal packages, l fivo letters, and one post-card, and I ,a]sOj in, tho period between November .; 22 "and 24, having unlawfully obtained forty newspapers and thirty-one posted -* papers, all" of which' had been sent through the post for delivery, was rcpresented by Mr. H. F. O'Leary, who raised the question of. probation as is ! applied to postal officials. His Honour: Not for criminal offences. It depends 011. tho character of tho accused. , _ Mr. O'Leary then asked for probation. Tho'probation officer's report was a very good one, and there were others who were prepared to testify to tho good character of the accused. - His Honour: I will assume that. | Mr. O'Leary went on to say that the accused had gained nothing by detaining the postal packets and letters. The I only article which had been actually tampered with was a packet containing ladies' gloves. So far as ho could see, 1 the accused had merely been too lazy to deliver the articles. • Counsel for the Crown said that nothing was known against the; accused prior to this offence. His Honour said that the matter was ;; a very .serious ono. . "There is nothing that spreads suspicion wider than this sort of thing. No onfe knows who may get into trouble over it. I" am sorry," he continued, addressing tho prisoner, — "that I- cannot admit y'qu to probation. Under circumstances .such as these it would bo wrong for mo to do so. If I could accopt tho explanation that there was no clement of . dishonesty about your action, I might take a different view. But there is tho misappropriation of 0110 packet." , At this juncture—it was a critical moment for tho prisoner—counsel for the Crown rose and explained that the gloves, though they had been detained, they had not disappeared. They were still there. "I should like," he said, "to make 'this statement 011 behalf of the prisoner." His Honour paused. "I did not understand that from tho depositions," lie Eaid, slowly. "However," 110 continued, "as .there is a doubt of dishonest intention, I will assume that there was <' none. Under the circumstances I will abstain from imposing imprisonment." Then, addressing tho prisoner, his Honour continued: "I will order you to come up for sentence when called upon. You will be in tho position of a person convicted of an offence, allowed to be at largo, or as a matter of grace. I am not suro that I am not stretching tho law considerably, but I am always extremely Teluctant to send a young man to prison. This charge," his Honour continued impressively, "will hang over you. If you are convicted of any crime, or guilty of disreputable conduct, you will bo called to account and sentenced on this charge. It is with considerable hesitation that I accept tho question of doubt as to dishonest intention. You will pay t'lio costs of this prosecution, amounting to £5." IN DIVORCE. _ His Honour, Mr. Justice Chapman, 011 Saturday granted tho application of Sir. P. Levj, counsel for tho petitioner, in tho divorce case, Margaret Noalo v. Ernest Frederick Nealo, for a decree absolute, with permanent custody of the child.