SUPREME COURT.

Dominion, Volume 6, Issue 1729, 21 April 1913, Page 3

SUPREME COURT.

FIVE PRISONERS SENTENCED.

MOSTLY YOUTHS,

DECLARATION RE DAVID II!WIN. Youth was well represented among prisoners appearing for sentence before Mr. Justico Chapman in the Supreme Court 011 Saturday morning. Six prisoners were set down to appear, and all save one — an old o(tender -IS years of age —were under tho ago of 22. Ono prisoner, who may possibly have been under tlie impression that he was too young to appear in the dock, failed to answer when his name was called. Twelvo previous convictions had been recorded against David Irwin, 43 years of age, who pleaded guilty in the Magistrate's Court a few days ago to a charge of breaking, entering, and theft. Ho had stolen furs valued at .658 13s. from tho shop of Louisa Smith in Manners Street. Mr. H. P. O'Leary, on behalf of tlio accused, asked liis Honour not to declare Irwin a hatibual criminal. Prisoner did not know that he was liable to be so declared or ho would probably have been from committing the crime. His Honour: Is that the only restraint on him? Mr.-O'Leary: 'I don't know your' Honour, but he was not aware that convictions in the Magistrate's Court woulS count against him. His Honour (smiling): Ho ought to read up tho decisions of the Court of Appeal. Mr: O'Leary hoped his Honour would see his way to sentence Irwin without making the declaration. • His Honour declined to do this, but pointed out that application could bo mads to tho Prisons Board to consider tho case. His Honour's duty was to consider what was. best in the interests of tho prisoner and tho community at large. He proposed to make the head sentence light (twelve months' imprisonment with hard labour) and declare Irwin a habitual criminal, i FORGERY CHARGE, BLENHEIM BOY IN TROUBLE. After a previous good 'character a youth, named Ambrose Western, camo undor. the notice of the poliec authorities for having forged and uttered "a cheque for «£8 in tho Marlborough district. After this lap.se lie returned to his ordinary work and had tho sum of cSIS to coino to lnm for wages at tho tiiuo of his arrest, w who appeared for on Saturday morning, explained that his client had lost his mother when he was but four years old, and unfortunately his father had not been all lie should have been. Counsel asked his Honour not to scud the lad to gaol, but to rivo him an opportunity of going'back Xo employment with one of his uncles, \who was willing to take him on his farm in the Blenheim district. ~H is, , acceded to the request of Air. J< ltzgibbou, and ordered AVcstern to come up for. sentence when called upon. . A condition of the sentence was that 1 \\ estcrn should go and work on his uncle's farm, ami bo of good behaviour. . He would be expected to pay «£5 tbwar'ds the costs of tho prosecution, • r . .

DISOWNED. JOCKEY TO BE REFORMED. No counsel appeared for Edward Raffels Bontlcy, who had pleaded guiltv to a charge of being armed at night with intent to break and enter. Mr. P. S. IC. Jlaeassey, who appeared for the Crown, reported that Bentley liad previously been convicted of theft. He was 21 years of ago, and a jockey aud labourer by occupation. His father died recently and his other relatives liad disowned him.

His Honour (to prisoner): Do you wish to say anything? Prisoner: No, your Honour. His Honour: All I can do ill a. case like yours is to order you to be detained for reformative treatment. You aro ordered to bo detained in prison for two years for reformative treatment.

NO APPEARANCE. WHEN CALLED FOR SENTENCE. William Duncan, alias Billy Eriwata, did not answer when his name was called. He was to havo been sentenced on charge.; of theft at Waitara. Mr. Maeassey did not 'ask to ■ have prisoner's bail estreated at that stage, but obtained his Honour's leavo to mention the case again when inquiries hud been made. THREE YEARS' PROBATION. MOTOR-CYCLE THIEF. A first offender, named John Barnes, 21 years of age, and a resident of Palmerston North, was placed in tho dock for sentence on a charge of stealing a motor-cycle. Mr. V. R. S. Meredith, who appeared for Barnes, pub iu a strong plcn, for probation. His Honour did not consider tlie Probation Officer's report was favourable. Ho would, however, adniit-Barncs to probation, though ho did so with some hesitation. The term would have to be a long one, and prisoner would be well advised to make this the turning point in his career, as the next few years would fliave to determine his destiny. He would be admitted to probation for three years, on condition that ho made good, the damage to the bicycle, and paid M towards the costs of the prosecution in monthly instalments of ,10s. ANOTHER CHANCE. THEFTS FROM DWELLINGS.

Though only 17 years of -age, Norman William Seambury Imd been twice convicted ot' theft before he appeared in the Supreme Court on Saturday morning. On this occasion his offences took tho more serious form of theft from a dwelling (til rco charges).

Mr. V. R. S. Meredith, who was in court to speak for Seambury, could not ask for probation, but suggested that his Honour might givi> tho young fellow one moro chance by ordering him to come up for sentence. A brother would obtain employment for Sc.mibury, and would personally look after the latter.

His Honour pointed out tlmt tlvo prisoner's offences were not ordinary thefts, as he had been trusted at tho houses where ho went to deliver goods. Olio more chance would, however, bo given him, but ho would have to be of good behaviour and obey his brother's orders. And although it would not be made u condition of the sentence, he would bo expected to pay XI! towards the costs of the prosecution.

The prisoner was accordingly convicted and ovdercrt to come up i'or senk'ncc when callcd 'uiwii. "MENTAL DEFECTIVES ACT." IMPOKTAKT DECISION. Ail important decision lias been delivered by the Chief Justico (Sir Robert Stout) in the matter of the Mental Defectives , Act, 1!I11. flic matter l.clorc his Honour was a petition under the Act for tlie appointment of Iwo persons, oilier lliau I he- Public Trustee, as a committee of the eslalc of a person detained in a mental hospital under the Act:. This application was made at the request of the wife of the mental defective. The applicants were related lo her by marriage, and were liieu of substance, and of largo and varied experience iu pastoral management. Nothing could bo said again*!, their 'position, their knowledge, their clnitoiler. and thsir ability. II was stiller! by the Public Trustee that (lie Public

Trust Office at prc.-ent manages many estates, and thai; the Public Trust. Oilier could manage this estate as well as anyone else.

Mr. Murdoch appeared for tho applicants, while Mr. A. Gray. K.C.. with Air. iT. W. Macdomtld, appeared for tlie Public Trustee.

His Honour, alter considering all tho circumstances, was of opinion that thsi'o was sufficient ronton why the applicants should be appointed: (1) They would lake a personal interest: in the management of the e.-tate, being related to the person who would benefit by tho management, i.e.. the wife. (2) They were resident in the district where (he properly is.

(8) Tliev were experts in Ihe mnnnge--inent of pastoral estate?. (1) Tliey lvero willing to give personal attention to the management of Hie estate: and if the Public Trustee had to appoint a manager, as lie would have to do, he could not get better persons than these, but the estate would be put to much more expense. It was very doubtful if he could get any ono as good as tlio present applicants to manage the estate.

' The prayer of the petition was therefore acceded to, an order being made on certain terms specified.