CRIMINAL SESSIONS ENDED.

Dominion, Volume 4, Issue 1046, 8 February 1911, Page 3

CRIMINAL SESSIONS ENDED.

A lirSIIAXD PENALISED^

The criminal sessions of the Supreme Court were practically brought to a elite yesterday when tiiml case?, with the exception of one sentence, were disposed of by Mr. ,lu>tiee Chapman. Mailhew Casper who had been found Ijuihy «f :«>sniilfiiif; his wife at ' t'i n Street, Newtown, was brought loiward for sentence. / ■ ' . Mr. ]•'. I'. Kellv, who appeared for the pnVoner, ir>-mi a number ol points which he thought would entitle the Court to deal leniently with the prisoner. His Ifoinur: "1 intend to deal lenient-

ly with liim." Continuing, counsel pointed out that, accuscd was a man (if good character and had not bron before a Court previously, lie hail only arrived from the Old Country eight months ago. Accused had been in prison for two months awaiting trial and this, together with the remorse and pain of mind, was, counsel suggested, sufficient punishment for the crime. Mr. Kelly also pointed out' lluit accused Jinn a wife and family dependent on liim and suggested that if the terms of tho lirst Offenders Probation Act could not l>o extended to him a conviction and order to come up for sentence when colled on might be entcfed. His Honour said he considered- that substantially accused had suffered « great part of tbo imprisonment that he would feel disposed to inflict in a case of this sort. Looking at the recommendation 01 tho jury that mercy should be extended to accused bis Honour thought the ease might be looked upon in this light. i'lu : actual injury suffered by Mrs. Cooper was a matter that could not linvo been contemplated. It was no doubt in part due to the condition of her health at the time, a condition which was appnrently unknown to both prisoner and ber.-cli. Had'it not been for the fact that prisanei had been detained in .for. some time the. Court would liayo' inflicted a sentence of a few months' imprisonment "I'say a few months," said his Honour, "because in cases where a man strikes a womaii without provocation I do not intend that it should pass over withoutimprisonment; V I won't allow it." It'was a totally unjustifiable and unwarrantable act for tho prisoner to strike his wife, but in the circumstances his Honour thought' he was in a position practically, though not.wholly, to dispense with further punishment. Ho considered that accused had suffered a good deal of punishment already in the two months' imprisonment and tho suspense. In the circumstances'lie thought it'would be sufficient to sentence accused to seven days' imprisonment end to order liim tn pay J.',") towards the cost of the prosecution. The !/?veu days' imprisonment date.-; from tho opening of the criminal' sessions.