SENTENCES

Dominion, Volume 7, Issue 2148, 14 May 1914, Page 8

SENTENCES

TWO , "YEARS' KOI! NIOHT ATTACK. | j Several prisoners were sentenced at 1 Ihe Supreme Court -yesterday- morning - by His Honour 'Mr. Justice Hosking. ■> Tho first were Thomas > Jj'Niimaia and Owen Gladstone Swan, who had been I found guilty on a charge, of assault and J robbery at night. .y>;.>."i Mr. H. F. O'Loary appeared in the _ interests of accused, fcwan, he said, l was a youiig man. with' one previous • appearance in tho Police Court against • bun, ami had apparently fallen under evil influences.- . While M'Namara's re- ! cord appeared formidable it. nevcrthe- . less mostly consisted of minor cases. ' Two cases of petty-theft, which had \ llappaned long ago, had brought him- ! within the provisions of the. Act which \ enabled him to be declared an habitual ' criniinal. tn consideration: of the petty . nature of the cases, however, he (conn- ', eel) asked for leniency. ■ His Honour iirst sentenced M'Nam- ; ara, painting out that he had a long list, against him.; This list had coin- ' mc-ncecl in 1808, with a conviction for ; breaking and entering, for which ho ', had received, one year's imprisonment. ' ! As the offence had been committed so \ long ago he would not declare iiirii an j; habitual crintiiint. Tho next time that he came before a Court, however, the Court would he at'- full liberty to dcclare him an habitual. The sentence of tire Court would-be two years' imprisonment, with hard Inborn , . With regard to Swan His Honour said that ho had one conviction, in Christchurch for vagrancy, for which he got two months' imprison-' ment." Apparently he served that period at the same time as M'Kamara was in prison. Me came up from Christclmrch with M.'N;ima.ra, and they were found together in Wellington. Ho was a younger man than M'Namara, and it was probable that he came under- the latter's iuilucucc. That would he taken into consideration, and tho sentence of the Court would be that he be imprisoned, with hard labour, for a lioriod of six months, and thereafter lliat lie be detained in prison for a period of IS months, for reforms-! tive treatment. It would 'depend upon t himself how soon ho got out, j WhlsUy stealer Seratefic-sd, Archie Ooran, found guilty of the theft of a case of whisky, handed up a statement to His Honour, in which he attempted'to put the blame for his act on others.. ■ . ■ In passing sentenco His Honour said that it was only by a happy accident that thy more serious charge of breaking and entering had not been sustained against prisoner. He thought the fact that prisoner had had two warnings for breaking- tho law prevented him getting less than six months' imprisonment, with hard labour. Driven by Poverty. Oharks Charlewood, 26 years of ago, entered a plea or guilty to tho clmrgo of tljei'fc of a quantity of copper, ant] u. drum of tar, from the lnilfr .Itiljilee, s tho property of tbe Wcstport Coal Co., valued at i'.l? 10s. Mr. U. I l '. O'Leary appeared for tho accused, and asked tor reu'ieiiey on his behalf. In reply to His.Honour, ha said that the copper iiad not been traced, and there v<as no prospect of its | return, Mr. Ostler: "lie lias riot assisted tlio police in any way to g<4' it back." ' 1 His Honour: "I woolel not be pre* 1 pared to grant a ttfrtii of probation mi- ; less lie tells where it has gone." Mr. O'Lcary: It has been passed on ; tn someone olse. ; Continuing his appeal on prisoner's ' behalf, Mr. O'Loary said that he was a ' married man, with two small children. He was out of work for several weeks \ during the strike, and at that time tho ' baiiift's woro in his house. Even after the strike, when ho got work, he was ° still in bad circumstances. -It was ' then that he stole tho copper to get j Botno money. Mr. O'Leary suggested that probation should be grintod, on ] rnnidition that , tho prisoner paid tho r full, valuo to tho AVestport Coal Co., j which he was prepared to do if given t time. Counsel suggested that it was . ouiy through his extreme poverty that .ftrisener liad been tempted to take part in the net. 3 His Honour said that he did not like prisoner's reticence .on the crime. He a would take all that had been said into [ fioiisidnration, and pass sentence the .1 followins morning.