LAW REPORTS.

Dominion, Volume 6, Issue 1671, 11 February 1913, Page 5

LAW REPORTS.

SUPREME COURT. (Before His Honour Mr. Justice Chapman.) THREE YOUNG BURGLARS. SENTENCE PASSED. THE RINGLEADER GAOLED. Three youths appeared before Mr. Justice Chapman in the Supreme Court yesterday to be sentenced on charges of brenking and entering. - They wero James O'Neill, 2D years, Walter ICrausch, 18 years, and Seddon Eeid, 16 years. O'Neill nad pleaded guilty, while Krausch and Iteid nad been found guilty on Saturday, tho proceedings being reported in yesterday's issue. ■ . . Mr. P..S. K. Maeassey appeared for the Crown. ' Mr. T. M. Wilford, who appeared for O'Neill, pointed out that tho lad had watched outside whilo the other two went in. Ho was, of course, just as much' responsible as tho others, but lie did not participate in, the actual deed. Before saying-, anything further, counsel . asked leave to place Detective-Sergeant Cassells in tho witness-box. ' Detective-Sergeant Cassells stated that he' had known. O'Neill for about six months, and_ tho, latter had worked constantly. . When' arrested :he had been found milking cows, and ho had previous ly been employed as a labourer. He (the detective) had formed the view that his present position had been caused by the company lie kept—there-was plenty of bad company in the locality in which he lived. Krausch had been the prime mover in the burglary, and the. other two <hnd been led by him. Mr. Wilford, in "asking for probation for his client, mentioned that tne Probation Officer's report was favourable.- O'Neill lived with his mother, and was an exemplary character nt home. Counsel was sure that if. his Honour saw fit to grant probation there, would be no cause for regret. lie further urged that O'Neill had been punished by . having already spent two months in gaol, waiting trial. ■ Mr. Ct. Samuel, on behalf of Krausch, stated, that,the.latter was only 18 years of age, thougii he had been referred to as a year older. Ho ,was a: foreigner, and had been hero, a year, during which time he had worked. Counsel asked that in. dealing with this friendless lad, his Honour should treat him'as leniently as was consistent with the protection of the public. .. - . ' V . 1 Mr; V. E. Meredith, who spoke for Keid, said that his" client's case was much the same as thatiof O'Neill. Eeid was only 16 years and three months, and had been at work until ho strayed from home, and fell into bad 'company. He left- home, ' when''his'father "was'^ill,"and unable to properly, control him. ,The ■ Probation Officer's report was■ favourable, and.': if his Honour granted probation,. Eeid's father would take, hi'm back, and keep him at work. \ ' - . . ■: ■Detective-Sergeant'-Cassells, : . who . was called by Mr. JlCredith, referred to Eeid as a hard-working lad, !.whoso offence was probably due to ffalling ' into bad company- ' ■ \V- J ' * His.; Honour, in; passing sentence on Krausch, remarked that 'thoiigh the lat : ter was a very young man, ho had shown himself to ba a criminal. His Honour was quite suro that Krausch had jila.iined the whole robbery of iho.Chiiriamen,.and had got the other lads' to join in by pointing out where the money...could bp got.; It had been said .that, prisqner a German. 'Well,, •. .the ~ Germans were among ,the very'best people wo'had here', and -were' always .as among the best'of our colonists. But'Krausch had .come'hero as 'a'.;_sail'or, ; and' 1 evidently 'thought that he could' do as he liked. "You were' satisfied,"; said his Hpnourj "that.; you could fill your pockets by rolg bing otheTTißfortunatfi-'foreigners' ofthfir hard-earned savings. I don't think, un-'^et'-these circumstances, that I can pos-sibly'.let'you-go'freo." i-.', v A • sentence of ■ two years' ; treatment was-passe.!,, his Honour recommending tho luvorcarg'ill Gaol as the place of detention.'' ' .-' , , . . '.

■His Honour, with a considerable amount of. hesitation,., granted, ; prbbation in o!Neill'{i case, 1 but;said .that the conditions. must 'b-j such"-'that, the'- burden' of the crime .that O'Neill had >committed'- woald bo severely felt. "You. havein a great measure to;thank tho police, for"'this,", said his Honour, "especially Detective-Ser-geant Cassells, who has. come forward and given mo substantial assistance. in endeavour ;to do '.Thy best. for . you." llis. Honour, then went on to state, that' the term of. .O'Neill's . probation" wotild be threo years, during'which-time tho lad would have, to te 'of.'good behaviour,' and would/havb to.ipay.'iOs. a ii'.orith, (a total of iilg)'to'the Probation Officer'to compensato - the' for part of their los 9. In the ordinary circumstances, his Honour ' -required something to bo paid' towards 'the? costs' of' prosecution, .but .iii: this 'particular .case' (none of the jnoney'having -been recovered,,'he.thpught the payments should go in compensation. .Reid was.also granted . probation for. threo years, and ordered to be .'.of: good behaviour. His Honour said the lad.would ba expected to go and .work with his father, and, during the period of his pro-, batiori, he must .be home by 8 o'clock each night, 'unless . the Probatioti Officer thought fit .to allow him out later on any night., For the first eight months, he is to pay 2s n 6dl per month towards compensation, for the following sixteen' ; months 10s. per month, and for the last twelve months 10s. per month—a total'of ,£ll. t