SUPREME COURT

Dominion, Volume 9, Issue 2857, 23 August 1916, Page 8

SUPREME COURT

THEFT FROM SOLDIERS. Mr. Justice Chapman presided in tlie Supremo Courtyesterday, and took the criminal'cases. Thomas Downey was charged with having', on June IS, at Wellington, stolen from the dwellinghouse of Alfred Parsons the sum of £1 us., . a corkscrew'and shaving soap, valued at 3s. 6d., the property of Laurenco Claude Mason; also £2 16s. 6d., a pair of . scissors, a pocket knife, and body belt, valued at 125., the property of Alfred Wormwell. Mr. V. R. Meredith, of the Crown Law Office, prosecuted, and Mr. P. J. O'Regan appeared for the defendant. Mr. J. H. Farquhar -was foreman.of the jury. On the application of the Crown the indictmcnt was amended to read . "£1 55., the property of Cecil Charles Coates." According to the statement of Mr. Meredith, on the night of June .17 three soldiers—Wormwell, Coates, and Mason —were staying at Wcntworth Hotel. Wormwell occupied one bed and Coates and Mason occupied a. double-bed in the same room. They went to bed early in the morning. Wormwell was aroused by some noise. He got up and saw accused sitting on the floor with a lighted candle in his hand. He also had a body belt belonging to Wormwell, in which was £2 16s. 6d. Wormwell saw accused taking money out of the bolt. He aroused his companions, and a constable was sent for. The constable searched the accused, and found a stick of shaving soap, a pocket knife, and corkscrew which belonged to the soldiers. The accused had the same amount of money in liis possession as was missing from the clothc6 of the soldiers, with the -exception of two £1 notes. Accused when asked for an explanation said he was looking for a bottle of whisky. He was then taken to the bedroom which lie said was his, and while there 'slipped a pound note out of his trousers pocket under tho bed-clothes. This note was similar in colour and appearance to one of tho notes lost by Wormwell. [ The evidence was on tho same lines as that given in the Lower Court. Tho jury retired for 40 minutes, ajid returned a verdict of guilty,. with a

recommendation to leniency owiijg to tho prisoner's previous good character, and the fact that ho had a wile and children to maintain. His Honour, addressing the prisoner, said: "I intend to give effect to the recommendation of the jury, and I will make your sentence as short as I reasonably can. I must, however, sentence you to imprisonment. No doubt your sense of caution was lowered by the amount of drink you had taken, also you have given evidence which your conscience can hardly approve. You will be sentenced to four months' imprisonment with hard labour."