LAW REPORTS.

Dominion, Volume 4, Issue 1044, 6 February 1911, Page 3

LAW REPORTS.

4 PRISONERS SENTENCED. . APPLICATION OF THE NEW CRIMES ACT. REFORMATIVE DETENTION. IMI'OSED. .. A batch of seven prisoners was dealt with in tho Supremo Court on Saturday morning by Mr. Justice Chapman, who, in several cascsj mado orders that tho offenders should be detained (or various periods for reformative treatment. ATTEMPTED HOUSE-BREAKING. THREE YEARS REFORMATIVE . ■ , TREATMENT. "I think your caso is eminently one in which you should be detained for reformative purposes," said bis Honour, addressing a young man named Albert Murphy, 21 years oi age, who was brought forward for sentence ior attempted hous« ; breaking. His Honour remarked that prisoner had been several times convicted 01 crimes of dishonesty. There were three convictions in 1908 and one in 1910. The magistrates, said his Honour, had treated. Murphy leniently in the past. In tho caso under notieo the Court did not think a vcry.short detention would Ixs of value. .. "If you behave' yourself," said his Honour, addressing the prisoner, "tho period of detention will bo shortened, hut il' you find your way back you will bo treated with greater severity." ' I'risonor was ordered to be detained for. three years for reformative purposes. ' Mr. fl. F. O'Ltary appeared for the accused. "HE WENT RIGHT MAD." A .WEAK HEART AND SUNSTROKE. A middle-aged man, named Sidney Herbert Hansen, who hod pleaded guilty to thoft at I'ongaroa on January 5, w_as brought forward for sentence. Mr. Ostler "detailed a list of previous convictions against accused, dating from 18S7, and including breaking and entering, theft, and false pretoncos. In a petition presented to tho Court, prisoner set out that ho suffered from a weak' heart, the effccts of "a sunstroke, and was subject to fits. He also pointed out that whenever he took two or three drinks lie went "right mad," and did things that ho would think of doing when in his normal condition. His Honour said it was evident that when, accused indulged in drink lie gave way to crimes of dishonesty. Under the Crimes Amendment Att of. last session,, said his Honour, men" of tho prisoners disposition were given a cbanco of reforming. It,was nccesary that'prisoner should bo detained for reformative treatment. That would give him a chance. "It will do you a. lot of good to be placed under this discipline," said his Honour, in entering up a sentence of twelve months' imprisonment, with hard labour, to bq followed by three years detention for 'reformative treatment. LEGALLY AND POPULARLY HABIT- . .. UAL. . A'FULLY QUALIFIED SUBJECT. Frederick Wm. Jones was sentenced for forgery and uttering at Waveriey- inJan•uary. According to the Crown Prosecutor accused was 37. years of and first canio before the. Court in IS9B .for default of a maintenance order. ~Sincc then ho had got-into trouble at intervals for false pretences, breacn of tho Licensing Act, trespass, theft, and forgery and uttering. _ His' Honour remarked that' since IS9!i accused had 17 convictions recordeo against him for offences involving dishonestv, apart from other minor matiters, ,-;'rhat, said his Honour, stamps you not'oiily'in lejral language but in popular language as a habitual. You seem lo..profcr a criminal career. You. arc seni'enced' to -two years' imprisonment with' hard .labour, and declared to bo a habitual criminal. ■ THEFT FROM A DWELLING. NOT A CASE FOE LENIENCY. "You have come very near qualifying yourself as a habitual' criminal. According to your record you aro a habitual, though perhaps not technically so." Such was the ominous preface of his Honour's remarks when sentencing \Vm. Thomas, alias Thompson, for theft from a dwelling. The Crown Prosecutor informed tho ,Court that prisoner was 32 years of a?e and had made his first step in-crime in. Chrisl church in 1900, when he ivas convicted and sentenced to two years imprisonment , for assault and robbery. He had also been before tlio Court-on various other charges, including idle and disorderly, consorting with thieves, assault and attempt to rob, and breach of the peace. His ■ Honour considered that under the circumstances the . question of leniency might bo set aside. Thomas had received lenient treatment the last time ho was tried. Ho would bo sentenced to two years' imprisonment with hard labour, to be followed by two years' detention for reformative purposes. . FALSE PRETENCES. AN AGED OFFENDER. ~ An old man named Jas. M'Lean, CI years of age, appeared for sentenco on two charges of false pretences at Feilding. started his criminal career in 189G, said Mr. Ostler, the oll'eiiccs against him previous- to the present chargo being theft, receiving stolen property, false pretences, and issuing a valuoloss cheque. His Honour remarked that prisoner had been repeatedly convicted of fraudulent crimes and theft, and the only thing that could be said in his favour was that for five years he had abstained from committing crime. Prisoner had appealed for leiiiency, but, said his Honour, the appeal was all very well on paper. The man had, he understood, deserted his wife and children. Tho only, thing the Court could do was to detain the prisoner for a reasonable time. He would be detained for 12 months for reformative treatment. "I am going somewhat out of my way in- attempting to reform a habitual like yourself. It is your last chance, and if you come up again you will simply bo treated as a habitual criminal," concluded his Honour. BREAKING AND ENTERING. REFORMATIVE DETENTION AND PROBATION. Two young men, Herman Henry Grell and Percival George Hester appeared for sentenco for breaking and entering and theft at the City Bulfet Hotel on December 10. Mr. 11. F. O'Leary, who appeared for tho prisoners, asked that should : be granted to Hester. The man Grell had entered tho premises and had taken away the goods, Hester staying at the back of tho hotel and watching to seo if anyono camo while his companion was in tho hotel. Grell had been previously convicted at Palmerston North two years ago. Counsel urged that tho Court might think Groll's caso one for reformative treatment under the new Crimes Act of last session. He was a married man with two children. If reformative treatment were given the wages earned by tho accused could go to maintain his family. Mr. Ostler, for the Crown, said nothing was known against Hester with tho exception that some time ago ho deserted when he was a stoker on the Pioneer. The police report suggested'that ho was probably led into the present crime by the other prisoner. As stated by counsel for tho defence Grell had been convicted and sentenced to 1-1 days' imprisonment at Palmerston. Both men had been in gaol on tho present charge since December 1(1 _ "As for yon, said lus Honour to Hester, "I propose to accede to tho suggestion of your counsel. You are here as a first offender and I always prefer, if possible, to treat first offenders on probation. I must make the period of proba- ! tion much longer than any period, of imprisonment would be, but that will not matter to you if you behave yourself. You will not feel tho burden." Accused was ordered to submit to three years'- probation and to pay iCS towards the cost of the prosecution,

"I cannot do otherwise than imprison you," said his Honour, turning to Grcll. Continuing, his Honour said he could not take into account the fact that prisoner was a married man. If a difference was made between married and single men they would soon have a class of criminals sheltering themselves behind tlieir wives. Prisoner was ordered to be detained for reformative treatment for six months,'.