SUPREME COURT.

Dominion, Volume 6, Issue 1668, 7 February 1913, Page 8

SUPREME COURT.

(Before his Honour Mr. Justice Chapman.) END OF LORNE STREET CASE. TWO CONVICTED. HARANGUE TO THE COURT. Ad captantmulum address to his .Honour Mr. Justice Chapman by one of the prisoners marked the last phase of what is Imown»ns the "Lome Street Case," concluded in tho Supreme . Court yesterday. TJie men on trial were John Condon, Thomas Donovan,' and William Henry Adams, who were charged with using violence towards one John Gray in a house in Lome Street on Boxing Day, and stealing from him jewellery to the value of about .£2O. 1 Mr. C. V.'Goulter appeared for Condon and Donovan, while Mr. V. If. Meredith , defended Adams. : When the proceedings recommenced yesterday q photograph of Patrick Sullivan, taken in Hobart, was handed to the jury in order, that they might judge whether' ' it was that of Donovan or ! nof. : Donovan and his Tattoo Marks. The foreman of the jury expressed the opinion that Donovan should be given another opportunity of showing his tattoo marks.. > ■ • His Honour put (ho,matter to Donovan, and asked if he cared to avail himself of the opportunity. Donovan: But, my lord . His Honour: There is no occasion to argue. The'opportunliy is given you to show tho marks if you will. The question is simply whether you arc willing to go.into the jury room with the jury and allow them to see'the marks. Donovan: No, my lord, I refuse. That would-be evidence against myself. Hundreds of men have got the same marks. It is no evidence that I am ■ the person intended." If the Crown Proseoutor' is prepared to go into the witness-box'and swear that these convictions.are mine,. I am willing to strip before the jury. His Honour drew Donovan's attention to the fact that evidence had already been given to'the effect that the,marks, corresponded with those sent in tho papers from the Tasmauian police., The Crown Prosecutor could not throw any further light on the matter. Moreover, it was not his duty to give evidence. His Honour then asked if Donovan clearly understood the offer made to him. - . • Donovan intimated that ho did understand. He reiterated his refusal to strip before-the jury.- ..-..■ ; His Honour then summed up,' end the jury, after retiring for an hour, returned with a'.verdict of guilty against Condon and Donovan, and a verdict of not guilty m the case, of Adams. ".■■ . .. _■ , ' • His Honour directed that Adams should be discharged, and that the other prisoners should be charged in the usual- manner before sentence. x Donovan on our Criminal System. ,' Donovan stated ho would' like - .to make a few remarks. "I. have been found guilty of this serious offence,- my lord, and I am very thankful for your attention to my case/ I should', like, however,, to pass a-few'remarks: First, upon the methods employed by Det'ectivo.., Cassells' in; .extracting . vyidenco jtoui prisoners - arrested,- aiul in 'producing it against them.'- 1 do not think it is the act of an' honourable man to do so, or the act of a man in his position at all.' I should also like to say that, if Adams and Gray were drunk as alleged, it "seems peculiar that the two of them should have known everything that we had done at the bouse. Then I should like to call attention, further, my lord, to the part acted by Adams's solicitor in taking up the role of. Crown Prosecutor in order to put all the dirt he could, on us two, to blacken our characters. I don't think that was fair. As far as your Lordship is concerned, I hove had a, fair trial nt your hands, and I am willing to put up with the consequences if you arc going to pass sentence on me. If. you believe these convictions are mine, 1 would rather be sentenced as a habitual criminal than to reformative treatment. If lam scntencedto hard labour for a term, I may get a'remission for good conduct and'a gratuity. . But this reformative,sentence is all a farce, and, under it, I would get no remission and, no gratuity. If you think that the convictions are mine, and tenco me us a habitual criminal, I w : ould have a chance when I cameout—if I ever did get out- because I would have a little money, but the reformative • treatment would not tend to make me lead an honest life. The convictions are not mine, and were only brought forward in this manner through the instrumentality .of Detective Cassells, to pre-biaa tho jury against me." _ "• Mr. Goulter asked for leniency, on behalf of Condoift who, he submitted, had not taken the leading part in the crime. His Honour's View of the Matter. ' His Honour did not think that the South African convictions were clearly enough made out against Donovan to be acted-upon by a Judge. On the other hand, the .Hobart conviction was, he, considered, proved., ' . . ' Mr. Macassey leferred to the.prisoner's remarks about Dt.'teetive-Slergeant. Cassells.-.. Detect've C&ssells was an efficient officer, and, had always, in counsel's experience, given' his evidence in an hon-est.-straightforward manner. ,' ■ •.''• His Honour: Tho jury have dealt witln that. They believed Detective Cassells's evidence.-and I entirely endorse their verdict myself. • I don't, as a'rule,-inflict a very-heavy sentence where a drunken man plnce's temptation, in-the shape of valuables, before the eyes of other men, bub I niust in this case. I consider the character of both men to be bad.- I don't intend.to treat tho case as one for reformative treatment, but I don't' ; seo any Teasori to draw a distinction between the two men. You will both be sentenced'to three years' imprisonment with hard .labour. . ' Donovan: Thank you, my lord. - \ HOTEL BRAWL, , - YOUNG MAN SuNT TO GAOL.. A young man, named William' John Hogan,' pleaded not'guilty to a charge of having assaulted another mail, named Marvin, so as to cause'hiin actual bodily harm. Ho was defended by Mr.. C. \. Goulter., -~•. Evidence .was' to the effect that on January 27" the. accused and Marvin had an altercation in the Britannia Hotel, and the quarrel was carried 'on outside'. Hqgan.theu hit Marvin on tho side of the head with a broken glass, and ran down • the street. Marvin was attended to in Dr. Pollen's surgery, and removed to the hospital. Meantime Hogan was followed by a bystander, named Jones, and api prehended in a taxi-cab near the Contial Hotel. A struggle ensued, and Jones thou 'tintided Hogan over to a police constable. , Mr. Goulter called no .evidence.in defence, but contented himself With addressing the jury on tho question of identification. After a brief retirement, the jury brought in a verdict of guilty. I Mr. Goulter mentioned that (ho prisoner hail been a drover in Queensland, and came-to New Zealand about Christinas time with a big cheque. He had no recollection of the events of the day of the offence. Counsel asked if his Honour would grant probation. ' {lis Honour replied that it was his invariable practice lo impose sentences-of imprisonment in nstnulls of this nature, and he considered that mag'.stiatesV.iH.uld do the same in all such cusps. T'l-jsuncr would be sentenced lo s-ix. weeks' inipris.onwent with hard labour.

A PLEA OF GUILTY...

QUESTION 01''. SANITY.'RAISED. A • cadaverous-looking'-';young. . man, named George Waters', admitted 'having broken■ into' the • house of' W. "J. Davis and having stolen therefrom' goods to the value of M.: ■ ■' : - Mr...C. V. Goulter,' on behalf •of ' the priS'Jiior, staled that Waters-had gone to the house.with.no intention of stealing, but had been 'overcome by a sudden temptation. He had later gone back to the house with tho.int'ention of-rcturuing the stolen goods. , • Mr. Macassey informed his Honour that the gaoler had sonic doubt-as to the wans, sanity. His Honour remanded Waters, nnd ordered that he be modicallv examined. As the prisoner left the dock ho removed one of his boots and held it up for the Judge to see. ■ It had a largo hole through tho sole. "This," he said, '-is what I've been walking about Wellington in. I couldn't get work,' your Honour." ' * "EXPERIENCED CRIMINAL?" THEFT CHARGE SHEETED HOME. A fireman, named Herbert Wallace, alias Worman, pleaded not guilty to a charge of theft from the steamer Mangapapa on January 15. The subject matter of the charge consisted of a pair of boots valued at 10s. and £1 in money, tho property of Patrick Landy, and '9s. in. money the property of James Cox. . The prisoner mentioned that he had no money, and asked if his Honour 'would allow.him a solicitor. Mr. Macassey. said, the prisoner was nn doubt availing himself of the law passed m.'.1912. .-'• ' ■ His Honour asked Mr. T. M. Wilford; who.was present, if he would care, to take, the case, but Mr. Wilford was not willing. Mr. C. V. Goulter then stepped for-' /ward and informed his Honour that he had mentioned the matter to the prisoner. His Honour: Do you wish-to take-his case? , ' . Mr. Goulter expressed his willingness, and after, a brief consultation with the prisoner and a glance over the depositions taken in the Lower Court, he. elected to defend. ■ \' ' ■ ■ -.' >'■ ' ■ It appeared that a couple of days after the theft from the Mangannna wns imported, Detectives Mason -and Dempsoy discovered' the missing -boots-in. the-poa-' session- of Wallace, whom they -interviewed abonrd'his vessel; Yesterday Wallace denied, all .-knowledge of the theft, ■arid declared that ho had >purci.ased the boots from a fireman, 'named .Johnson, whoso present whereabouts were to him ■unknown'.' ; The jury, after a very.brief retirement, returned with a verdict of guilty of theft of the boots. " His Honour:. What is known against the prisoner? ....... Mr. Macassey: He has been committed for'trial in : Auckland, on a charge of assault and robbery in connection with which a man was. nearly killed. . His-Honour intimated that'this could not weish against the (prisoner.Mr. Macassey said that Wallace had admitted a: conviction. for bad'language in.Sydney, and, though the police as yet knew- nothing, else against him, they'regarded him as an experienced criminal. His ■ Honour, swd he would treat tho case as a first offence, for dishonesty, and impose a sentence', of, six.'months', imprisonment, with -hard labour. THE WAIRARAPA SENSATION: COUNSEL'S PLEA.FOR'udy'''--n Before any trials were proceeded with in the Supreme ' Court yesterday,'.a -young married man, Albert John- Udy,-'was placed in the dock to be sentenced on a charge ■ jif ■ blowing up 'a dwelli«g-liouse with gelatine. On November 5 last a house occupied by Udy, at Waihakek'e, near Carterton, was blown up, and on Tuesday last Udy was tried and found jujlty of the offence. Mr. A. T. Maginnity, of Nelson, appeared yesterday morning, and, in speak-' ing for the prisoner, sa:d that his'coming into the case at this late stage was rather, on behalf of the.-nrisoncr's mother and family, than'on behalf of -the prisoner himself. Counsel's memory carried him back half a- century ago, when the-name of Udy iii tho AYairurapa' w.as synonymous with all that-was honourable, fair, and just. From • prisoner's great grandfather dowu, counsel knew the . family personally. At the. time of the offence Udy was ia a state bordering on delirium tremens, and really' not responsible. Counsel ventured to suggest that Udy was not a criminal, nor of tho' criminal class, and, if his Honour could see his way to treat the case in the manner which counsel would suggest, it might be the means of saving the man from a criminal career, and even winning him from drink. The plan proposed by counsel .was that his Honour should convict-the prisoner, nnd order him "to come up for sentence when called upon. The conditions'-would bo somewhat hard upon the prisoner.' 'If he were not-already prohibited, a prohibition order might be taken out against him, and he should be required to report at'frequent intervals to the Probation Officer in the district. Then if, at any time, he were,found guilty of any misconduct, lie could,bo brought up and sentenced for tho present ■' offence., When arrested in connection with the crime, Udy had been undergoing treatment to effect a euro for the drink habit (if there; were such a cure), and tho course sug-' gestcd would enable him to continuo the treatment. His mother and wife - begged that he should not be sent to prison, and they would find security for his future good, conduct.' Counsel added.that, (even among, the neighbours, whom ,Udy_,had previously rather terrorised; when in drink), this security' could be found. , His Honour deferred, sentence, remarking that he had to consider 1 in what" way the ends of public justice' would bo'met;