SUPREME COURT.

Dominion, Volume 6, Issue 1669, 8 February 1913, Page 13

SUPREME COURT.

(Before his Honour Mr. Justice Chapman.) i THE WAIRARAPA SENSATION. JOHN UDY'S ACT. JUDGE ON A DIFFICULT CASE. After certain orime trials had finished at the Supreme Court last evening, a young married man, Albert John Udy, was placed in the dook to be'sentenced on a charge of blowing up a dwellinghouso with gelatine.. On November 5 a house occupied by Udy at Waihakeke, near Carterton, was blown up, and on Tuesday last Udy was tried and found guilty of the offence. Mr. A. T. Maginnity, of Nelson, had sjioken on the prisoner's behalf on Thursday morning. In passing sentence last evening, his Honour said: "X have given very careful attention to the matters urged by your counsel arid to the whole of the circumstances of this very exceptional case. I have had very great difficulty in coming to a conclusion, but, in all the circumstances, I do not consider that it is necessary at present to pass sentence on you. That does' not mean that sentence will not be passed, but not at present. Your orime was ono fraught with the very greatest danger, and it was a wicked and spiteful crime. I do not know what your motive was, but I accept the evidence of those witnesses, who stated that your ;.moral 6ense was clouded by liquor, and that your mind was not correctly balanced at the time of the offence. The reason why I do not consider that a sentence of imprisonment is necessary is that; ((his crime is so rare—so unheard of—that an example to others is riot necessary. At all events, such a crime is not likely to, occur in that district again. You took caro that no injury should be done to .human life, and you oven took caro to remove the horse to a place of safety. It shows that you had some glimmering of proper feeling when you took those precautions. It lias been suggested to me that you may become a proper citizen, rind i am going to give you an opportunity to do so, but the conditions imposed upon you willbe severe, and will leavo you with the liability of being brought here, for sentence at apy moment if your conduct is not all that it should be. ;If it is. reported that'vou are. in any I way misconducting yourself' you will receive very short shrift—you will be brought here . and sentenced on this crime." , \ ■ His Honour then ordered the prisoner to come up for sentence when called upon, and outlined the special conditions. Udy will present.himsolf at the. Supremo Court, Wellington, on August' iy next, to be sentenced if the Court thinks fit. 'If not sentenced, he will still be liable to bb sentenced at a future date.; "L do riot intend," oontinuod his Honour, "that the Crown shall bear the costs of tho proceedings resulting from this iniquitous act, but for certain reasons I make no order. It is expected, however, that.you will pay to the police at Carterton the sum of £32 13s. 7d., before August 4 next. Tou will also need to obtain from tho polioe a report as to your conduct down to August 4 next, and also a report from Dr. M'Carthy as to your continued sobriety. Do you understand that this is ..what.your,counsel..asked?"„»; \ ! i'Udy: Yes. ' His Honour: Do you intend to comply with the conditions P • . Udy: Yes. , ' . His Honour: Vory well. RAIDS ON CHINESE & OTHER SHOPS. ONE PLEA OF GUILTY. THE OTHER YOUTHS ON TRIAL. Several alleged burglaries in the Te Aro portion of tho city in November and December last, were under trial in the Supreme Court yesterday. Mr. P. S. K." Macassey, represented the Crown. Four youths were placed in tho dock together, and asked ' to - plead.' Walter Kraiuch, alias Olson, aged 21, William Henry 11 rules, aged 17, Seddon Reid, aged 18, and James O'Neill, aged 20, wero oharged with having (on the night of Sunday, December 8) broken and entered into tho shop of Yeo, W.iugli and Co. and stolen the sum of -E(is in money and 25 packets of cigarettes, valued at 12s! 6d. One Man Confesses, James O'Neill and Walter Krausch were further charged with breaking and entering into the shop of Andrew Beggs by night, and stealing 1 tin of biscuits, 20lb. of Derby tobacco, and 1 metal watch, of the .total valuo of M 16s. The date was givon as November 20.; ■ , , O'Neill; was again charged with breaking and entering the shop of ICwong On on the day of November 26 and of stealing 225. in money and 25 packets of cigarettes valued at 12g. Gd. Mr. T. M. Wilford appeared for O'Neill, who pleaded guilty to nil tho charges. ■ The other three accused pleaded not guilty". ' Mr. G. Samuol appeared for Krausch, and Mr. V; E. Meredith defended Eades and Reid. ' Mr. "Wilford suggested (and his Honour agreed) that.sentanco on O'Neill should, be ■ deferred until tho cases against Krausch, Eades, and Reid had been heard. Cass at Beggs's Shop. • The caso,against Krausch for breaking into tho shop of' Andrew Beggs was then proceeded with. It appeared from the proceedings, that, aftc? tlto burglary was reported, Detective-Sergeant Cnssclls and Detective Mason made inquiries, and, as a result, Detective Hammond arrested Krausch in Auckland. Krausch was, at that time, in tho oompany of ono Spindler, and he admitted that Spindler was paying his passage and taking him over to Sydney. They' were to have sailed on tho Maheno on December 18. , Mr. Samuel (for the defence) did not call any witnesses, but addressed the jury. The jury Tetired at noon, and at 2.30 p.m. they returned witli a verdict of not guilty.' J . 1 Premises of Ye», Waugh and Co. Roid and Eades were then brought into, the dock and stood along with Krausch on trial for tho burglary at the premises of Yee, Waugh and Co. on December 8. It appeared that finger-prints found on a tin, in which tho money was kept in tho premises of Yee, Waugh and Co., corresponded with tho finger-prints of Krausch. Eades and Reid havo mado statements to the police in connection with tho matter, but it has been arranged that these statements shall not bo put in until the whole of the evidence for the Crown has been tendered. As there was still one witnoss for the Crown to be called at 4.45 p.m. yesterday, further hearing of tho caso was adjourned until this morning.