SUPREME COURT

Dominion, Volume 9, Issue 2851, 16 August 1916, Page 9

SUPREME COURT

CRIMINAL SESSIONS

STEALING POSTAL PACKETS

His Honour Sir. Justice Chapman presided at the criminal sittings of the Supreme Court yesterday. In passing sentence on a, youth named Daniel Alexander McDonald, who had pleaded guilty to tho tlioft 'of postal packets at New Plymouth, His Honour referred to the gravity of sucli offences. Tho prisoner came -up for sentence on Saturday, _ but was remanded. His Honour said he had given further consideration to the matter, and regretted that he could not do otherwise than impose a sentence of imprisonment, i'lt was known in the postal service that the Court would not grant probation in ca6es of theft of postal packets. Tho offence was a serious one, and there were many reasons for treating it as one in which probation could not be granted, except, perhaps, in rare 'instances. .Thefts_ of postal packets were far more serious than in ordinary cases' of stealing, or even stealing from an employer. Thero was the fact that these thefts were secret, and those in charge could not make' certain of the identity of the actual offender, and so an unjust suspicion might rest on other men in the' same office. But there were, also other consequences. , A great number of packets and letters containing money were posted, in many cases from men working in the country,, to their wives in town. If these letters were stolen, the immediate consequences might be somewhat serious in, say, the case of a struggling family. There might also be the further consequenco that a woman failing to receive money from her husband in such . circumstances might be led to the belief that lie had deserted her. For these reasons probation could not be granted." Addressing the accused His Honour said: "The only way I can help you is by giving you a short sentence and making it for reformative purposes: Although when arrested you gave the police every assistance,. yet you admitted a scries of thefts, and indicated that you knew of others committing similar offences. If that was "not conspiracy, it was very near it. You will be sentenced ,to six months' reformative treatment." ASSAULT IN THE STREET. Arthur Gorham, for whom Mr. H. F. O'Leary'appeared, was charged - with assaulting James Charles Newell on July 19. so as to cause him actual,bodily harm. Mr. W. W. Greig was foreman of the jury.

Mr. V. R. Meredith, of the Crown Law Office, who appeared for the Crown, stated that the assault took place in Tory Street, outside the Albion Hotel. Newell, accused, and another were at tho time more or less under' tbe influence of drink, Newell being actually drunk. As the result of a. scuffle Newell had been struck on the jaw, and was knocked down.on to the. pavement. Ncwell's jaw was When accused /was arrested tho next day he then had a black eye, and said to the officer arresting him: "He struck me first-, and 1 hit him back." '

Evidence in support of this statement was given by Dr. Henry, who'deposed as to lihe injuries received by Newell. Alfred Young, insurance agent,. AVilliam R-igdon Lepper, Cassio' Stanley,'and Florence Mackay. ' William M'Alindin said he knew accused and Newell,, lie was in thoir company on July 19. Gorham- struck Nowell, who fell on the pavement and lay unconscious. When he saw accused in the evening, he' said to witness: ''When I knocked him down, why didn't you ao through him?"Sergeant _ Fitzpatrick, who arrested accused, said that the accused had a black eye at the time. No evidence was tendered for the defence. The accused was found guilty and was sentenced to twelve months' imprisonment. GUILTY OF INDECENT ASSAULT. John Dome alias Owen, was charged that on October u, 1913, at the Upper Hutt, he did indecently assault a girl under the age of 8. ' Mr. H. F. O'Leary appeared for the abensed, who pleaded not guilty. Mr. V. R-. Meredith prosecuted. Mr. James Wort was foreman of the jury. For the prosecution, evidence was given-by the girl assaulted, her sister, and other witnesses. Constable M'Millan, who effected the arrest of accused at' Wanganui, stated that the latter when arrested said: "Oh, that was over three years ago," and later on said: "1 'must have been drunk when 1 assaulted the girl." Accused made an effort to escape when being t alien to'the lock-up.

Mr. O'Leapy, for, the defence, said lie doubted whether any offence had been committed. Even if the jury were of opinion that'an offence had been committed, there was no evidence of identification, and they had only the alleged admissions of the accused to the constable to go upon. Dorno was found guilty and sentenced to five years'.imprisonment. PALMERSTON SESSIONS By Telegraph—Press Association.. Palmerston North, August 15. The Supreme Court opened this morning, the Chief Justice (Sir Robert Stout) presiding. There were-only fourcriminal, cases. The Grand Jury found a true bill in the ease of Robert Walker, charged with theft from the bedroom of an hotel. Tho case is proceeding.