LAW REPORTS.

Dominion, Volume 5, Issue 1354, 3 February 1912, Page 15

LAW REPORTS.

SUPREME COURT. SENTENCE OF TWENTY YEARSA SERIOUS CHARGE. The criminal sessions of flie Supremo Court were resumed yesterday, beforo Mr. Justice Chnpman. Mr. H. H. Ostler appeared for the Crown. Before cases were called, his Honour intimated that the prisoners Hay and Coleman, who had pleaded guilty (o charges in the lower Court, would be sentenced this (Saturday) morning. A VILLAINOUS OFFENCE. STRONG COMMENT BY THE JUDGE. Albert Henry Hughes, 26 yearß of age, pleaded not guilty to a charge of carnally knowing a girl under the age of 16 years. Mr. W. J. Cracroft Wilson appeared for Hughes, The court was cleared during the hearing, which occupied the greater part ot the day. The jury retired just after 5 p.m., and returned in about ten minutes' time with a verdict of guilty. Mr. Wilson asked his Honour if he proposed to pass sentence immediately. His Honour replied that he saw no reason why it should be deferred. Mr. Wilson then said that he felt it his duty to mention tho prisoner's weakness of character. His Honour: It is of no we is a case of this sort. Mr. Wilson: He has had two kindi of fever, and has been under the doctor at Otaki on several occasions. His Honour: That is entirely a matter for tho gaol authorities. ' Mr. Wilson: 1 bow to your Honour's opinion, but I felt it my duty to mention these matters. His Honour: You are quite right to do so, Mr. Wilson. His Honour then addressed the prisoner: "This is the very worst case I have ever had the misfortune to deal with—the most cruel and brutal outrago I . ever heard of. You took this little girl away from her home and ruthlessly violated her in that lonely spot I have known pooplo in my time hanfjtd for such offences in the neighbouring States, but tho leniency of the law now allows me to pass a less severe sentence on you. I don't think it necessary to pass sentence of life, although I may have some difficulty in giving my reason's for not doing so. The sentence which I am going to pass must, however, be a very long term indeed—so long that Ido not deem it necessary to add the punishment of flogging, which I liave dono in sonie cases that have come before me. Tho only sentence, consistent with my duty, that I can pass for this outrage is twenty years' imprisonment with hard labour."

As the prisoner loft the dock some witnesses noisily left their seats. "Koep siloneo tlioro," ordered his Honour, and then proceeded: "Gentlemen of tho jury, this has been a painful' case for you, as well as for me. It may bo that many people may think excessive the sentence which I have just passed, blit the law lixes the maximum penaltv for such an offence at hard labour for life." His Honour then a™ain remarked that ho might have difficulty in giving reasons for imposing the sentence, "but," lie addcd, it has been my endeavour to stamp out such outrages on young girls. For the reason that publication of the details of these cases is frequently forbidden, and becauso the newspapers (for the sake of the decency of their own columns) do not enlarge upon them oven when publication is; not forbidden, the "public are not quite aware of the 'fact that these offences are so frequent. And, certainlv, thev arc not often attended with such violence, but I can inform yon that, in a few years, I have tried over ono hundred of the«e eases.

His Honour then thanked the jury for their attention to the case, and discharged them from further attendance.

HIS LAPSES. PREVIOUS GOOD CHARACTER. Another case (called earlier) was that ot a young man, named George Alfred Iracey, who was charged with the following ollences:— oi (l Jn?o et '; re<:n l^ ovember 21 and November ]Juß, lie stole carpenters' tools valued at .£ls, the property of Arthur Scott, and tools valued at £i, the property of Edward Ewart Walsh. (2) About January, 1911, at Nffahauranga, ho stole one set of stocks and dies and a hack &nw, of a toUl value of «£2 lik, the property ot Thos. Kiddler. (.J) About April, 1008, at Johtisouville, ho stole a meat chopper, valued at 3s. fid., the property of tLe New Zealand Government. (•1) About August, 1908, at Johnsonville, he slole a pair of carriage lamps, valued ar J:l, the projH?rty of Oscar Greer."(5) Between August 20-and August 22, '803, at Johnsonville, ho stole carpenters' tools, valued at XI 155., the property of Chas. Francis Taylor. _ (C) Bctiveen November 21 and November 23, 1908, at Jnhnsonville, he stole carpenters' tools, valued at the property of Matthew Roberts. .Mr. A. L. llerdman, who appeared for the accused, intimated that nloas of guilty were entered to all the" charges except those of stealing the meat chonijer and the set of dies. Counsel understood that the Crown would not proceed with those two charges. Continuing, Jlr. nerdman asked his Honour to deal leniently with his client, who had never been before a court of. justice before. Counsel had letters from several well-known residents of Johnsonville testifying to the good character which accused had previously borne. It was difficult to account for the actual theft. For the past three months accused had been in the hospital suffering from a serious disease, and he was still a patient, and in such a condition that ho could scarcely go to gaol. His Honour here remarked that such ft phase of the question did not -concern liiiu. The necessary recommendations could be made in the proper quarter. Mr. Herdman replied that he did not, of course, offer his remarks as an excuso for tho offence. Ho would like to mention, however, that the goods had been returned.

His Honour remarked that one of the difficulties which confronted him in dealing with the case was the.fact that these offences had been committed at intervals. He asked the Crown Prosecutor how many distinct offences there were. Mr. Ostler replied that, excluding the offences to which accused had pleaded not guilty, there were three distinct thefts. The "police report bore out what Jlr •lerdinan had said about the previous character of accuser! and about his bea patient of the hospital His tlonour then inquired if the tools had been restored.

Mr. Ostler said that those that hni' ]>eon recovered had been restored, but only about half of them had been recovered.

Mr. Herdman suggested that accuscd might l>e able to make compensation. His Honour expressed the opinion that the nature of the case would prevent him from granting probation, but he m : ' be able to do something else. Ho thought however, that Mr. Herdman ought ti 1able to do something more definite than suggest compensation. Sentence would bo deferred until Monday and. in the ■Meantime, there was no necessity to deli in accused. lie could go lo the hospi In I. Mr. Herdman intimated that, if the Crown Prosecutor would let him know the value of the goods not recovered something would be done.

MAUISTRATE'S COURT,

(Before I)r. M'Artlnir, S.M.) "LOOK OUT FOR THE ENGINE!" Albert Laupshlin was charged with failing to comply with tho notice. "Slop, look out for the ongino!" »t the Waterloo

Quay railway ami "illi iiilnmpfiiiK 1(1 drive a cart nvi'r that i'ru."iiiK at otherwise thull a wnlkiiiK piice \vlu-n an en-;iin' was appniaciiiii},'. Jfe pleaded guilty tu ho(It eliarj!es. On the iir.-t cliarpo lie wa* ordered tu pay His., eourl costs, and, respecting the m-coihl cliaigf, lio was convicted anil discharged. AF'J'KR .A YEAR'S DKLAY. James Catheart pleaded Ruilty to a chni'KP of selling milk bi'low !lie standard required Ijy the Act. 'J'lio information was laid over a year ajjn, and the case adjourned pending a decision in another cusp, which decision was to act as a Knide. JTr. V. 'Willis stated that the milk tested was only the diTRS of a can; when the inspector look the sample (here was scarcely any milk left. Defendant was convicted and ordered to pay the analyst's .feo (10s. Hit.), ana tho court costs (75.). COMMON CASES. For insobriety Herman Reich was fined £1, and Richard Hawkins was fined lfls. John Faithful and Norman Itoginnld Smith were accused of being idlo and disorderly, in that they had insufficient law. ful means of support. They were remanded till February 5. Bail was allowed. Charles Matth«ir Robert Petersen pleaded guilty to a clinrge of deserting H.M.S. Pioneer at Sydney on March 2, 19U. Ha was remanded to Wellington gaol to be handed over to tho Naval authorities. CARTING ON THE WHARVES. (Before Mr. A. Crooke, S.M.) A charge against Hugh Dohcrty ' of driving a coal cart over a portion of the wharf which, he was instructed by a wharfinger not to traverse was called. ■Doherty did not appear. Mr. R. F. Smith, who represented the Harbour Board, stated that Dohcrty had not only disobeyed the instructions himsctl, but ho invited an employee of his to do so. Doherty was fined 55., and ordorwl to (Jl Is) COStS (7S ' ) ' aml solicitor ' B fee