SUPREME COURT

Dominion, Volume 7, Issue 2147, 13 May 1914, Page 4

SUPREME COURT

CRIMINAL SESSIONS CONTINUED. SERIES OF SENTENCES. For just on an hour yesterday morniiiß His Honour Mr. Justice Ilosking was' engaged in sentencing prisoners at the Supreme Court. Several men with bad records were dealt wjth, and three were declared to be habitual criminals. The first prisoner for sentence was Thomas Frederick Evorest, who had been found guilty on the previous day of having received stolen property, afteralso standing his trial on" the additional charges of breaking and entering, and theft. ' Mr. D. R. Hoggard, prisoner's counsel, pleaded for leniency. The prisoner, he said, was only 19 years of age, and his mother and father were in New York and England respectively. Accused had a good character, and, moreover, ho had been in gaol, awaiting trial, for three months. Ho had only been onco previously convicted. His Honour remarkod that the previous conviction was tho difficulty, in granting probation. Probably thebest course would ho to convict prisoner, and order him to come up for sentence when called upon. Decision was given accordingly. Very Bad Record. "I se<3 you have a very bad record," said His Honour, when a small, weedy individual named John Edward Ramsay appeared for sentence, having pleaded guilty to breaking and entering, and theft. Proceeding to read from prisoner's record, His Honour said thai from September, . 1904, to January, 1905, there' were four cases of theft, wilful damage in 1905; robbery, four casos, in 1906, for which prisoner got two years; house-breaking, two charges, 1909, for which he got one year's imprisonment; theft in 1910; three breaches of prohibition order in 1910: theft in 1912; after that indecency, ana theft again in 1913. "Now that long career cannot be overlooked," said His Honour, in passing sentence. "The sentence of the Court on tho present ehargej which you have pleaded guilty to, is one year's imprisonment,' with hard labour, and the Court declares you to bo an hahitual criminal. It will be dependent on your own conduct when you get your release." Their Temerity. Alfred Hansen and Harry Spooner, two middle-aged men, had the temerity to« ask tho Court for leniency, when called up for sentence on a plea of breaking and entering and theft. Hansen's record showed eighteen charges of different sorts since 1910, including seven charges qf assault, one of obscene language, four for drunkenness, and six of theft. He was sentenced to ono year's imprisoiimont, with hard labour, and declared to bo an habitual criminal. Spooner also had sis charges of theft, within two years. Ho was given a'; similar sentence, of one year's imprisonment, with hard labour, and declared an habitual criminal. A Free Spsnder. 'A tendency to too freely spend his hard-earned money was. prisoner's only trouble, said Mr. T;; ; sfc Wilforil,'' in applying that the probation should be extended to Geo. Ross, a man" of 45 years; who had pleaded guilty to a charge of breaking and entering, and theft. The prisoner, said Mr. Wilford, had been a hard-working man, and had, up till this incident, kept clear of tho criminal Courts. Hia'trqublo was that he drank too freely when he had tho money, and the theft in the present case was a theft of beer, which had been committed after all his money had gone. ' ' I His Honour (to prisoner): "Your trouble seems to be to get a good cheque and to knock it down. . It scorns that it would be a good thing if you could put some check upon yourself in the future." Prisoner was admitted to probation, tho conditions being tho payment of tho costs of prosecution. £4 45.. and tho taking-but-of a prohibition order. Maori's History. , A young' Maori named John Taupoki, who had been found guilty of assault on a drunken man near Taranaki Street, asked for leniency, and also intimated that ho would take out a prohibition order against himself. His Honour remarked that prisoner had a bad record. The last occasion on which lie had been sentenced was May 15, 1911, when he received a term of three years' reformative ' treatments That period had not yet elapsed, so that he must havo been let out. Tho prisoner: The Prisons Board let me out eight or nine months ago. His Honour: And you,havo not been acting up to the mark since. You may. have to bo put- back again for tho rest of the term. Prisoner's record showed that ho had six convictions for theft, and a charge of breaking and entering, and theft, for which he had received a sentence for reformative treatment. His Honour said that, had tho present' conviction been for anything moro than common assault, he would have declared the prisoner an habitual criminal. As he might havo to servo the remainder of the previous term, prisoner would be sentenced without reference to his career, but simply to mark the present offence. [ The santehce imposed was oncmpntli's hard labour. Indlccrect Ycuns Men, ■ Albert Carnaby and Wm. Parker, two young men, who had been found guilty of common assault oii a young woman of 23 years, were represented by Mr. H. F. O'Loarv, who said that the probation officor intimated that the offence was not one to which the benefits of the First Offenders' Probation Act might bo extended, but ho would point out that tho young men had been imprisoned, awaiting trial, for seven weeks. They wero seafarers, and, if admitted to probation, would ho unable to leave New Zealand in the course of their work. : His Honour said that the prisoners must learn that they could not behavo as they bad done. He did not wish to imprison them, and would therefore inflict a fine of £o, in default fourteen days' imprisonment. Sentence Suspended. Frank Taylor, a youth of 19, was ordered to come uj) for sentence when called, upon. Prisoner had pleaded guilty, at Morton,, to tho theft of a horse.-. Mr. O'l.oary, who appeared for prisoner, said that lie. had already been sentenced at Martoiv for stealing two sums of money and a saddle and bridle. Tho horse was stolen with the saddle and bridle on it, so that tho young man's record was practically one of one offence only. Prisoner was also ordered to make good a sum of £3 to the man to whom he had sold the horse, and who had returned the animal. Influenced by Others. A youth of 21 years. Arthur Harold Anderson, who had pleaded guilty to breaking and entering, and theft, was admitted to probation, on the application of Mr. T. Xeave. In-dealing with the case, bis Honour *akt that ha had taken into considora-

tiou prisoner's youth, and also "the fact that prisoner had apparently. Keen influenced to sonio extent. , A condition of the probation would be the pttyjnont of os. monthly towards the cost (£3) of the prosecution. • CASES ON WHAL. .;. GRAVE CHARGE; JORY DISAGREE, The first ease tried at the Supremo Court yesterday was that of an . old man of 68 years, ml inmate of the Ohiro Home, named Win. Hickcy. lie made an absolute denial of a charge of iiido* cent assault on a little- girl of six years. Mr. P. W. Jackson appeared for the defence. Tho jury, which retired a few minutes before 1 o'clock, returned at 4.4-5 p.m. The foreman, stated tlsey had failed to agree, and there was no immediate prospect of their coming to an agreement. The. jury was discharged, and an application was made by Mr. 11. 11. Ostler, on behalf of the Crown, for a retrial. This was granted) and will take place this session. ROBBERY AMD ASSAULT, PEDESTRIAN SET ON BY NIGHT. Thomas M'Namara and Owen Gladstone Swan stood their trial on a charge of assault and robbery. The alienation was that the accused had assaulted Win. Benjamin Goddard, on the night of May 1, and robbed hira of 15s. Accused pleaded not guilty, and were, represented by Mr. H. F. Q'LeoryW. 13. Goddard said that lie was a general hand, employed at tho Occidental Hotel. Ho described how •ho had met the two accused., M'Namara asked him first for 55., and then for 2s. 6d.' Ho had refused this, and, later, accused came tip behind him, when he was walking from Tory Street to Taranaki Street, M'Namara put his arm. around witness, while Swan cleared everything out of his pockets. As soon as he was released, he fallowed M'Namara, calling out "Police!" Mel, when.he met a constable, he gave M'Namara' 'in charge. Swan, had gone in n different direction. Witness was sober enough to know what happened. Kathcrine Gray, Frederick Street, stated that she had set-ii the accused opposite her residence at about 10,15 on the.night of May 1, She saw Goddard there, and hoard him call "Policel lam robbed!" Witness went to a fish-shop close by, a»d, when she 'came back, Gocklard was following the shorter of the two nicn. Thq other had disappeared. ' Constable Sheehan stated that when Goddard gave M'Nasnare in. charge he said that tho accused had caught him bv the throat, whilo tlvo other accused, who was .not there then, had gqno through his pockets and taken 15s. This was in Frederick Street, and white thev were talking another man came over, from a house almost opposite, a;nd said that M'-Namara had done nothing. The man was a. good deal under the influence of lknior. Dctectivc-rScrgcanfc Gassells said that, when arrested, Swan had said that ho .was with ' M'Namara in Taranaki Street, on; the night of May 1. Ho did not remember being in Frederick Street, and added thai he was drunk that night; Goddard and Mrs. Gray both identified him, however. The jury retired for an hour, and re* turned with a verdict of guilty. Prisoners will bo sentenced this morning. LURE OF .WHISKY. CASE TAKEN FROM STORES. The forcible entry into the premises of Mr. E... T. Taylor, wine and spirit merchant, .Courtcnay Piftce, oh the night of April 9, a.iid the'removal of a naso of whisky, and seven bottles of boor, led to Archy a middleaged man, being, charged with, breaking and entering, and theft. When the ease was before the Lower Court, A..IT. Anderson, a.'.youth, was .conjointly charged. Anderson later pleaded guilty, and was .sentenced yesterday morning, but Doran maintained his innocense. He .was not represented by counsel. Hans ITendricksen.gave evicloßCethat on the night in question he had seen a light in Taylor's shop, and had also noticed two men leave, dragging a sack. Ho watched -hem go round' the corner, and up a right-of-way loading off Tory Street. Witness at oiicc wait for the night-watchman, and a constable. John Sheency, night-watchman, said that when he was called ho saw Doratt (who had two bottles stinking out of his pockets) going in the direction of the, To Aro Railway Station. He fellawed. and told him that the constable wpntod him, whereupon Dorau replied I "I am not going ' hack. Don't 'be a 'nark,' Jack." Witnoss, who had Vpown accused for somo years, replied; ''All right, Doran, we.can always get you when wo want you." In the right-of-way they found ait empty whisky cara, with the straw envelopes thrown ab:'«it. Constable . Anderson, who was called . to tho lane bv Ilondrickson.. said that when he got there two men came- out. One, Doran,. wont'towards To Ai-o Station, and was followed by Shecney, Witness stopped tho other, and questioned him. Ho then lot bio go."and hail not been to identify him pinch, Arthur Harold Anderson.' the youth who pleaded guilty, stated that b« had been working for Mr, Tavlor, r.iul hnd left his employment about tro months prior to April !). He had kno'i'U J»iS cuserl for about three weeks. On tho night of the theft he met the aceus.od Doran. who nsk"d him whether he pr-»ld get into Taylor's premises. He '•enlwl in the negative, but agreed to have* a try. There was n,' mate with Di l -"'*, and they all went to Tory Street. Witlips'; made his way into Taylor's yai'd, and then souoezed thrmiath an open win,dow. into the ebon. He. took' p cas* of whisky, and put it into a sack. This h" passed out to Doran. n"d hh mate, after ononing the doer. ■H'vl'o ti'ik soven bottles of beer, and k'ft with these. Ho was stopped by a polieeninn. This coPcliided th» "ns« tV ftp Crown, .-nd Mr. H. H, <">stlor said thn.fc he would abiudon the charge of breaking and entering, leaving only the charge of theft. He did Hiss in view 1 "S the evidence of thfs youth Aitdwron. 1 Tlie fact that lw> got through an 'Minn ' window prevented ?. charge of breaking ' an' 1 entering being sustained. ' Doran, in addressing the itirv, said that it was Anderson who had sug- ' n-oste' l getting into T.tvlor'a premises. He did not know Isowhs entered, but he admitted taking the cas" <;f whisky. ' After a. retirement of a few i>n'nut»s the jurv found nrismwr guilty. Ho will be sentenced this morning.