LAW REPORTS

Dominion, Volume 8, Issue 2314, 23 November 1914, Page 9

LAW REPORTS

SUPREME COURT ,'; PRISONERS SENTENCED THE ARO STREET AFFAIR. vlaet of the prisoners found' guilty 'J ices at the criminal, sessions of j'tpreme Court were brought bops Honour tho Chief Justice (Sir p: Stout) for sentence on Saturday (g. Mr. H.H.-Ostler, of the i Law Office, 'represented the ';"■■ :''-v ; ''"■- ' "% !:: ■ ring been found, i'feuilty on the hie . day of assaultfv'causing actual I harm, David, James M'Ewen and 1- John- Lashke' (alias.' M'Ewen) ;j>ked if they had'anything to say jf'hy sentenpr pglth'e- Court should It passed The assault tun they; stcfod' cjjnvibied occurred •) night of September 21 in Aro i the victim', one' Walter Pierson !'u, being badly 7 ,cut about'the face (lass.. '--' [i?. J. O'Regan/on behalf of both ■rs,'. asked His'Horiour to 'take Vsl lenient vi#lr- ( of' the case posV -The assail!V|it'''ttas submitted, •;>» ■ a premeditated bne._ . 'HvnourV I agree that it was not litnted.' My opinion is that they u.y.i drinMng with a woman, who '•Lug with one of them, and that j ecame inflamed with anger and }d him. , : ; .-■"••:■•'. ;' O'Regan said he was glad'.-His •r had taken that view of the case. ; hei prisoners were still compara-: : young men, and there was time Sin. to make a, change in life .for ['Jtor. In l the case of,the prisoner /.'M'Ewen,' there''was this 'to be '".-j»'"lnm: He had riot hit. Jackson' .h.tiie bottle, but when he saw the serious . nature of the litter's injuries he had tried to get a cab for him to make amends for what had.been done. Perhaps His Honour might see his way to convict and: discharge him. ■ ".. Mr. Ostler-informed the; Court that the police 'report was. that these two . men were not men that worked. They. ■! had recently: been living onitho proceeds ■ of prostitution. :It could not be,denied, however, that after the assault David .M'Ewen h«a ; taken.some.steps to re.pair the damage,.;'■.'... •'• _ [ In-passing sentence,' His Honour 6aid: "I have had the greatest difficulty in -knowing what to do with you. You prisoners.;2on't know what!anxiety youcause the 'Judges. 1 One of our' Judges, .before he; has .to '- sentence .'prisoners,>»>£etVno; sleep'..all night.".This ca6e has "caused me a great deal"of worry this morning, as well as last;hight, to know what to do in the'best interests of your welfare. - I. thought'at'first of sending you for reformatory treatment, but that might -mean- a 'long, term in 'gaol. Although 'I. consider' the assault -was not .concocted, tho fact cannot "be overlooked that' you "both gave' false evidence. In your: case, Lashke, I cannot sentence -you-' to : less • than twelve months' imprisonment with hard labour.; iYou-, David M'Ewen, 7 in; view of kindness shown to the. man : after the as-' aau.lt, will be sentenced to a shorter term, six months' imprisonment .witlx hard labour." ~:..,., ~; .

.VALUELESS CHEQUES. _ James Vipond.Millican, a young mar-" jied man, Vhb had to answer' for the issue 'of, six valueless cheques covering o. period from August: 22 to October (17, and representing, a total amount of £16, was first .placed'in. the.doMS-:,, "..- Mr. P. Wv: Jackson,' who' appeared for the prisoneri. asked His .-Honour,; in view .of the jury's recommendation to meidyV if it'would not be "possible to deal with'th'e 'prisoner 'in '6omo 'wayother than, sending Mm to' gaol. .- His: Honour said that*accused/knew very .well that lie was,'doing'..what was dishonest. .'He. never.,went back to the same ;inan twice, buthad; deliberately issued'to tradesmen cheques which he knew would 'not be'.paid. He had adopted 'the system of'getting "comr pnlsory loans." From the Probation Officer's-report, His Honour would as'sume that prisoner's character had been good until this offence; and that prisoner had. been.industrious. ; In order, -that His Honour _ might further consider the case; he' would remand ;hhn until Wednesday morning. .•'■''■..