LAW REPORTS.

Dominion, Volume 7, Issue 1899, 6 November 1913, Page 3

LAW REPORTS.

SUPREME COURT. UNBALANCED MIND & DRINK. OTHER CRIME TRIALS. -3 His Honour Mr. Justico Chapman presided at the Criminal Sessions of tho Supremo Court which wero continued yesterday. John Henry Hurley, alias Wilson, Bruce, Anderson, and- Morrison, whoso caso was dealt with 011 Monday, when ho was charged with several cases of forging and littering clicqucs, came up again. Mr. Wilford, on his behalf, said that it was difficult to make out a good case, as there were previous convictions and there was moro than 0110 offence, but prisoner's assurance of contrition appeared to bo genuine, though any statement of his (counsel's) that prisoner would lead a different lifo could have no weight as he had no guarantee that it would bo carried out.

His Honour: Prisoners make such statements really believing that they can carry them out.

Mi'. Wilford added that prisoner was a married man and had an offer of certain agencies in San Francisco. Drink was the cause of these repeated offences, as prisoner had 0110 of those unbalanced minds which caused him, when in drink, to bccome a temporary lunatic. Ho was not a man who warred 011 society, but whenever he had drink ho wrote" these cheques.

His Honour said that his duty was not to punish prisoner, but to see what could be done for him. Reformative treatment was suggested by prisoner's counsel, but there was a better course which would not press moro harshly upon prisoner. That was to declare liim an habitual criminal. There wero not only those eight or ten charges against him, but thero were live or six previous convictions. As an habitual criminal the Prison Board would keep control of him for a longer period than if ho were sentenced to reformative treatment. His object was to give prisoner a fresh start in lifo under proper conditions and an essential condition was that ho should bo controlled from outside, as ho could not control himself. In past times prisoner would have been sentenced to a long term of imprisonment, but he should sentence liini to twelve months' imprisonment with hard labour, prisoner also to be declared an habitual criminal. INCENIOUS FRAUD. BY A SOI-DISANT LODGER. George Edward Westlake camo up for sentence on two charges of theft from a dwelling, to which ho had pleaded guilty. Mr. H. H. Ostler, Crown Prosecutor, stated that the accused camo to New Zealand in 1906. Ho had been working partly on Public Works and partly at a store in Auckland. He had recently invented a system of defrauding boardinghouses. Going to a house ho asked for a bed and was shown to a 1 room. He then asked if he could have! a bath, and 011 being shown to a bathroom he seized the opportunity of "troing through" the other rooms,. after which he obtained his luggago and disappeared. He had been charged with similar offences in Christchurch, Napier, and Auckland, Uiid ho had just teen convicted on similar charges in Wellington. His Honour said lie could not admit accused to probation. Probation was not intended to apply to a man who adopted a systematic course'of crimc. Prisoner would be sentenced to eight months' hard labour.

PENCHANT FOR THEFT. AND BREAKING INTO HOUSES. ' Charges of breaking, entering, and theft, breaking and entering, and attempting to break and enter wero admitted by John Hugo Johansen. Mr. Ostler stated that the Probation Officer's report showed that accused was arrested foif drunkenness at Carterton in October. Ho had been previously convicted of drunkonness at Hamilton, and in 1912 ho was sentenced to twelvo months' imprisonment for breaking, entering, and theft. In tho present caso accused gave all assistance for the recovery of tho stolen property, all of which was recovered. His Honour said the sentence ought to be longer than that imposed at Hamilton, because ho had deliberately offended again in the same way. .There would now bo five convictions against him, and if ho came up he would probably be treated as an habitual criminal; or rcceivo a fairly long sentence for reformative treatment. Ho would bo sentenced to eighteen months' hard labour on each charge, the senteuceS 'to. bo concurrent. DRINK STORY ACAIN. MAORI ROBBED AT OTAKI.

Drink was stated to bo the sole cause of the lapses of Henry Francis Carlton M'Gill, who pleaded guilty to the theft of £30 in money from a Maori named Hoopa Takarori, at Otaki. 1 Mr. Wilford, on behalf of accused, stated that the incident in which the accused obtained tho money was an absolutely drunken riot between several persons, tho Maori who lost tho £30 being helplessly druuk, whilo the accused and another man were also intoxicated. Tho Maori fell, or lay down on a couch, pulled out tlio money from hia liip-pockot, and it was then stolen. _ It was not a robbery from the person in tho meaning of tho usual charge. "This is another of the cases," added Mr. Wilford, "where drink is absolutely the cause of tho trouble." Accused had been previously tried for the theft of some collars and ties, an aco also committed whilst under the influence of liquor. He seemed to be a perfectly reasonable citizen when'he was sober, but when ho had drink he becamo a lunatic. "Not one per cent, of tho population," added Mr. Wilford, "goes through tho Courts, but 75 per cent, of those offenders come here through liquor." Accused had been suffering from tubercular pleurisy, and it was recommended by a medical man that 110 bo givon no hard labour, except with tho consent of the gaol surgeon. Ho camo of a respected family, and this was a disease, and not really a crime. Scionce might somo day be able to cure such a defect by operation, instead of by imprisonment. If the accused could bo kept sober nobody would bo troubled with him. His Honour remarked that tho means of keeping a man awav frotn liquor had not been invented. Prohibition orders were only a partial success. _ Ho had had many cases before him in which men had evaded prohibition orders. Mr. Ostler stated that tho accused had only been in Otaki threo months, and was in a hairdresser's shop there. He had been drinking heavily, hut had not been bofore tho Court 011 'that account. He was a single man. In 1003 lie was convicted of vagrancy at Napier, and ordered to come up for sentence whon called upon, and about the same time lie was convicted of false pretences. Ho was also convicted of vagrancy a-t Woodvillo in 1903. Tho only serious record against him was 11 sentence of eighteen months' hard la*

hour, passed in 1909, for receiving stolon property. His Honour said he would remand tho prisoner for a few days, to enable the gaol surgeon to see him. SERIOUS CHARGE. Harry Somes, a middle-aged man, was charged 011 four informations with carnal knowledge, the alleged offences having taken place in Juno and July. Mr. 1 1, 9 st)or , Crown Prosecutor, conducted the case, and Mr. T. M. Wilford appeared for the accused, who pleaded not guilty. The Court was cleared, and tho publication of evidence forbidden. After a hearing extending half tho morning and all tho afternoon, the jury retired at 4.30 to consider their verdict and after four hours' absence relied to Court with a verdict of guilty anu-va. recommendation to mercy. " Sentence was postponed.