LAW REPORTS.

Dominion, Volume 4, Issue 1042, 3 February 1911, Page 3

LAW REPORTS.

SUPREME COURT. . SEVEN YEARS SENTENCE. WITNESSES PUBLICLY THANKED. The criminal sessions of the Supremo Court wero resumed yesterday morning before bis Honour, Mr. Justico Chapman. Frederick Rollin,. a- iniddle : aged man, pleaded not guilty to a charge of criminal assault on a child five years of ago, in tho Basin Reserve on January 17. Accused conducted his own case, aiul Mr. H. H. Ostler appeared for tho Crown. An order was made by his Honour forbidding publication of evidence. The jury retired at 12.45, and returned at 12.55 with a. verdict of guilty. Asked if he had anything to say, accused said lie was quite innocent ot the charge. • -Mr. Ostler remarked that in 1803 accused had been bsfore the Court on a charge of attempted suicide. "ion are a man of a class who should be kept under supervision. I am quite satisHed of that," said his Honour. There is some indication, he added, that the man is not absolutely normal. "In other words," continued his Honour, addressing accused, "you should be kept under lock and key. That is the only way of restraining men such as you." The Court could only infer from what accused had done that he was not under his-own control, and was riot iit to be trusted abroad.

"I can only deal with you as I have dealt with similar cases, by imposing a sentence of imprisonment with hard labour for seven years," concluded his Honour.

The foreman of tho jury remarked that the jury wished to thank the witnesses in the case for the way they had acted in this matter.

His Honour said he wished to say that he entirely agreed with the. jury in what they had stated. The grand' jury had already expressed its opinion of the witness M'Cann's conduct. All'the witnesses had behaved with promptitude, and in a way that did credit to them.

TEMPTATIONS OF "THE TOWN." "ATTEMPTED TO ENTER," A-youthful-looking" offender, named Albert Murphy, pleaded guilty to a charge of attempted house-breking, in that he endeavoured to enter the premises of JI. R. Fry, at Wellington, in January 9, and to having been found with house-breaking instruments in his possession. Mr. H. H. Ostler appeared for tho Crown, and Mr. H. O'Leary for the accused.

Mr. Ostler informed the Court that there were six' convictions against the accused in the Magistrate's Court, but he had never been before the Supreme Court previously. Four of the convictions against Slnrphy wero for theft, one for drunkenness, and one >for stowing away. Later, Mr. Ostler added that there was also a conviction against accused for theft at Reefton,- the other charges having been in Wellington. Mr. O'Leary pointed out that although the charge was one of attempting to enter a dwelling-house, the building Murphy had endeavoured to break into was a shed on the Reclaimed Land, which building was used 'as a sleeping-plnce for tho nightwatchman employed by Mr. M'Leau, contractor. Murphy was, only twentytwo years cf./age, and except when he came into town and got into bad company, he was a hard-working young fellow. Counsel suggested that on account of the youth of the prisoner the Court might treat him leniently.

'Leniency," his Honour interjected, "had reference to' punitive '-measures and'not to curative measures." , He did not, ho added, propose to. sentence accused at once, but he woifld take into consideration what counsel had said, and he would possibly make some inquiry and deal with t_Ws Sense with others. Tho Legislature (in the new. Act of last Ecssion) had confided to the authorities a course of treatment which was distinct from punishment in tho ordinary sense,' and intended for the good of tho individual and tho protection' of the public. Accused was accordingly remanded for sentence. ... , SERIOUS CHARGE REDUCED. STRONG COMMENT BY THE JUDGE. A. plea of not guilty was entered by a young man, Walter Ilasler, : charged with having, at Wellington, oil November 22, committed an assault on a Httlo girl thren years of ngc. Accused conducted his own defence, and Mr. Ostler appeared for the prosecution. The Court was cleared, and an order made forbidding the publication of evidence/ Tho caso occupied the whole of: the afternoon.. The principal witness, a child of throe, could not remember the facts of the case or the evidence sho gave in tho Lower Court. Tho jury retired ' at\ •1.50 p.m., and returned'at 8.25" p.m. with a verdict of "guilty of common assault."' Mr. Ostler informed the Court that thero were nino nrevious convictions against the accused." In 1005, when 18 years of age, he was convicted of criminal assault at Napier, .and. was sentenced to twelve months', imprisonment. In tho following year, ho was convicted of horse stealing in Christchurch, arid was sentenced to twelve months' imprisonment; again m tho following year he was sentenced to H days' imprisonment at Ashburton for theft. In the next year ho'was convicted at Christchurch on four charges ol theft, and was sentenced to six months' hard labour on each, the charges'to run concurrently. . At- Lower Hutf in 1903 lie was convicted on two charges of theft, and sentenced to six months' imprisonment on each, the charges running concurrently. His Honour, addressing accused, said • fiVl? S {'"'•y. fortunate thing for you that the little girl. concerned in this case was unable to assist the jury. If her evidence could have, been obtained as it was in the loirer Court the matter would have gone very hard with you. As it is all I can do is to impose a sentence winch isi inadequate in the circumstances, though I do not wish to express any disapproval of the verdict. Tho sentence is toe maximum that I can impose for common assault, and that is that you bo imprisoned for twelve months with hard labour. • . ■ " Tho Court, adjourned until 10.30 this ' morning.