LAW REPORTS

Dominion, Volume 8, Issue 2541, 16 August 1915, Page 9

LAW REPORTS

SUPREME-COURT SENTENCES CRIMINAL LIBEL A WOMAN SENT TO GAOL BUSINESS MAN'S FALL No fewer than eighteen prisoners appeared at the Supremo Court on Saturday morning for sentence by His Honour the Chief Justice (Sir Robert Stout). His Honour spent over two hours in dealing with the coses, tho maximum penalty imposed being four years against a young man who had been found guilty of carnal knowledge on a girl under tho age of 1(1 years. DEFAMATORY LIBEL. "No doubt your Honour thinks this a peculiar case, and no doubt this woman has been suffering from a mental kink," said Mr. A. Dunn, when, pleading for leniency for Letitia Jane Hood, convicted of defamatory libel. Mr. Dunn said that, the woman had the mania of making wild statements, and had stated that she was tho widow of one of the .wtorious Kelly Gang. That was found to bo.untrue. She had an unfortunate domestic history for at 28 she was divorced, and then married again. He offered a plea of mental weakness. His Honour: There is no sign of mental weakness in the letters. Mr. Dunn added that the Roman Catholic Church was rady to return good for evil, and they did not press for any vindictive penalty. His Honour said that ho ooukl not overlook criminal libel. Prisoner had written lies that she knew wc-re lies. As to what the Roman Catholic Church desired he had nothing to do. He hid simply to administer the law. The sentence would be six months' imprisonment, without hard labour. His Honour said that accused would be under the care of the , prison medical authorities, raid added that when a person of one Church charged another Church with criminality, it always led to disorder and ill-feeling in the oommunity. The Case of R. Pitcaithley. Robt. Pitcaithley, represented by Mr. T. M. AVilford, convicted 011 several charges of theft from and attempts to defraud David Ken' Blair, was represented by Mr. Wiiford, who put in ' several letters vouching accused's good character and trustworthiness. One was from Mr. Harold Beanchamp, chairman of directors of tho Bank of New Zealand, another from Mr. Clias. Stowart,' of the Stewart Glass aud Hardware Co., ajid' a third from Mr. Wm. Cable. Only three or four years ago, said counsel, accused in his business in Cbristchurch represented numerous world-known companies, as well as being Consular agent for tho United States of America. He had an annual incomo of about ,£SOOO a year, including ■£3000 a year alone from agencies. How did he fail? asked Mr. Wiiford. First, through his connection with the purchase of steamships. On his first nilrchaso in Australia accused lost something like ,£'looo. Then lie lost .£ll,ooo' in tho dock contract with tho Wellington. Harbour Board. From an income of thousands he had come down to a condition of pennilessness. He entered Mr. Blair's firm at i£G per week: The business fell off, and finally, of his own choice, accused worked for the sum of 10s. per week. For fifteen years his wife had been 011 invalid requiring medical attention. Ho claimed that ho was entitled to get .£IO,OOO from the Government, on the ground that he should have been protected on the dock contract. A Commission was inquiring into that claim, a.nd the TepoTt ivas not yet presented. "He was driven by sheer, necessity; to take the money, by sickness and misery at home," said Mr.' Wiiford. "Thero is no. thing of a criminal in him." His Honour said that probation could not be granted. Ho could not impose less than eighteen months' imprisonment with' hard labour. . He believed that drink had had a lot to do with the ease. Thefts from Wharf Shed, Two Harbour Board employees, John Casliman and Chas. Dempster, wlio had been found-guilty of theft from P Shed, with a strong recommendation for mercy, were represented by Mr. J. J. M'Gratli and Mr. T. M. Wiiford, when they appeared for sentence. Mr. M'Gratli called evidence as to pood character from Captain -Post of tho Tutanekai-, Captain Stringer, Assistant-Superintendent of Marine, detective Mason, and others, and urged His Honour to give the utm'ost effect to the strong recommedation for. mercy. Mr. Wiiford quoted the Probation Officers' opinion that the present proceedings would tend to reform his client Dempster. Ho left it at that.' ■ His Honour said .that it was. very sad to see two yonng men like the prisoners at the bar, especially .'at rbe present time, wheji tho Empire ,was waging war. Whoever would win, it WemM mean a great time of economy and lowering of wages, and the prisoners, like many others, appeared to overlook' that. Every, one had to save for the future, but in--1 stead of that ;the accused apparently gave no thought to the future. "I don't know what _ is going * to happen in this Dominion," said His Honour. "I may be pessimistic, but when I see young nten going in and out of the hotels and tqlnng no thought for thd futiiiro' I wonder what 19 going to happen." Unfortunately, 110 added, they had 110 example set to them in this country. He -was going to deal very leniently with accused, first because they had previous good characters, and, secondly, beciuso they had young families dependent on them. Probation for two years in each caso was the sentence passed, Casbma-n to repay .El per month during that time, and Dempster, because he had made souio statement approaching the tiuth, 10s. per month. A Rogue and a Vagabond. "There is no doubt that your fall lias been duo to drink," said His Honour when sentencing Margaret M'Hugh, found guilty 011 a ehargo of being a- rogue and a vagabond. There were twenty-three con.victions against accused. A sentenco of I reformative treatment for two years was imposed. His Honour said that tho case showed the absolute need for some institution apart from tho prisons to deal'with such persons. The Prisons Board had recommended it, but perhaps tho finances of tho Dominion' could not allow it. A great number of young women were going in and out of gaol for 6hort sentences; it was impossible that they could be reformed by continuous going in and oiit of gaol. The sentence he imposed was a reformative one in tho hope that the Prisons Board might get accjsed some work in the country, away from temptation. Breach of the Marriage Act. 'A Maori minister from Otaki, named Tcmucra Tokaiatiui, who had committed a breach of tho Marriage Act, was represented by Mr, B, P. Hadneld, who submitted that prisoner had not been validly committed. Tho plea of guilty with tho assertion that tho offence was committed innocently was really a plet. of not guilty. His Honour said that he could not s'ct aside the plea, but it was not a case for a sentence. Accused should know that he could not perform a ceremonv between a Maori and European with only tho religious ceremony. He did not believe tho accused acted wilfully. He would discharge him, but warned him not to be foolish in a liko way again Carnival Excitement. For a youth named George Albert Ward, who had pleaded guilty to the theft of .£3 from a postal packet, tho property of tho New Zealand Government, Mr. J. C. Peacock said that the prisoner entered tho Post Office as a mossngor at the ago of 12. So well did 110 bear himself that at the ago of 11 he was promoted to be a letter-carrier, tho youngest, ho believed, ii; the employ of tho Service. He was without the caro of a father, and during the excitement of the carnival iwriod, when the latent gambling tendencies of the people were aroused, ho gave way to temptation, and stole tho packet. His Honour said that ho would grant probation. Unfortunately, he said, a lot of gambling hud boon going t.n, Ha did not think that the harm that jiraij being

! (lone to young people had boon realised. Ordinary probation was granted. Robbing a Country Visitor. Jeremiah Kirby, who had been found guilty of robbing a. man from the country, was represented by Mr. D. It. Boggard, who asked) that probation might bo oxtonded to prisoner, for tho evidence went to show that he had only been an accomplice. His Honour said that prisoner had sworn what was false, There ivas 110 other offence against him, and he would bo dealt with somewhat leniently. Tho sentence would bo nine months' imprisonment with hard 1 labour, A Last Chance. A young man. named. Michael Holm, alias Herbert Helm, came up for sentence for forgery and uttering. His Honour referred to the fact I hat accused liad been, declared an liabitual oriminal, and had been released on probation, on account of his youth. He bad many convictions, and when released could not livo honestly. He had tried to get away with the Reinforcements, but when ho was discharged, instead of asking fho .Prisons Board for assistance, be "went and committed the offence which he had now to answer for, As a last chance, prisoner would be seut to Invercargill for three years' reformative treatment. "That is treating you kindly," said His Honour. He warned prisoner that if ho was again released and gat into trouble ho might find himself in gaol for life. A Four Years' Sentence. A young man from Westport, named Matthew Bell, who bad pleaded guilty to carnal knowledge, was sentenced to imprisonment for four years with hard labour. Other Sentences, Patrick Lee, a youth of seventeen, who had pleaded guilty to breaking, entering, and theft at Masterton, was represented by Mr. A. R. Atkinson, who said that tho trouble was that tho boy had been sent to work on a station when too young, and apparently had been led astray. Ho was out 011 probation when the second offence was committed. Prisoner was sent to Invercargill for thrco years reformative treatment. , , ... Walter Thorn, who bad pleaded guilty to two charges of forgery ami uttering, put in a plea that lie had been ill aud was hard up. Ho had a wife and child to support. As tho prisoner had already_ hod probation, ho was sentenced to twelve months' imprisonment A young woman named May Wills, wlio stole a sum of money from a Chinaman and escaped from the Salvation Amy Home, was sent to gaol for six mwrths. On behalf of Theodore Eicliard Joyce, convicted of the theft of a cheque of £7, Mr. Wiiford pleaded for leniency, and said that drink had been prisoners trouj bio. Probation for 12 mouths was ed on tlie condition that acoused took °Vid/S ft, for : assault and robbery. Prisoner•had been dismissed from the military Mr O'Leary pleaded for leniency, but His Honour said that the charge wasvery serious. A sentence of three years reformative treatment, at Invercargill was 'X-dd Harling Howoll, connoted on several "charges of false pretences, was sentenced to reformative treatment at Invercargill for a period of three years. Evidenco in his favour was given by his wife, when Thos. Alfred Rafter, a railway guard, came up for sentence foi committing an indecent act. Mr. Jtt. iO'Leary put in a strong plea foi probation, and said that accuseds father bad promised to look after him, and his wife was going to stick to him. He had lo»t his position, and that meant a monetary loss to him. His Ba . that lie could not grant probation in cases of indecency, where y°"{||» T JF 1 ? were concerned, especially when there had beeli.a previous charge, on which accused had been acquitted. A sentence of_ one year's imprisonment, wrfck liard labour, 'was imposed. . ' ... ' „„„ George Penman, found guilty on ono charge of indecent assault on a-young girl appeared for sentence. His Honour said that the seriousness of tho case was not in what had been performed, .but the fact that accused took away a poor, dull eirl. His previous good character would be taken into consideration, but interference with girls could not be overlooked. He would lie ..sentenced to two years' imprisonment with hard labour.