SUPREME COURT.

Dominion, Volume 10, Issue 2913, 8 November 1916, Page 9

SUPREME COURT.

CRIMINAL SESSIONS BAG-SNATCHER FOUND GUILTY At tho Supreme Couj-t yesterday the Chief Justice (Sir Hobort Stout) presided and heard the criminal eases. Thomas Ridont, who was not represented by counsel, appeared to answer throe charges of bag-snatching on' Mournt Victoria. Mr. P. S. K. Macassey, of the Crown Law Office, appeared for tho Oown, and Mr. John Scrimgour was foreman of tho jury. Tho evidence, which was on tho same linos as that given in the Magistrate's Court, was to. the effeot that tho complainants were on Mount Victoria, and when near the Pirio Street Reserve tho accused snatched the handbags. Tho aeoused called several witnesses in an endeavour to prove ira alibi, but unfortunately for him none of them could remember any incident on the dates inontioned in the charges. Accused also gave evidence on his own behalf, and 6tated that on one of tho dates in question he was at home all day. Ho also complained that the steps taken to identify him were not' fair.

His Honour's summing up was brief, and the jury. without leaving their seats found tho accused guilty. His Honour, in intimating that he would defer sentence until Saturday, 6tated that the offence of which accused had been found guilty was, according to tho laws of England and New Zealand, considered to bo more serious than larceny, and the penalty was 11 years', imprisonment.

, AN UNLUCKY FIND. Joseph Mooney, -who was not represented by counsel, was charged- with the theft of fivo £5 notes, the property of George Hunt. ■ The accused pleaded guilty to finding- the money, but not to stealing it. The facts of .the case were that the complainant, George Hunt, had in lii* possession X2s' Id J5 notes, on- September 5, when he left Buckle Street, where he was employed as a messenger in the. Defence Department. Hunt went down Tory Street into Vivian. Street'and Cuba Street, and. then went to his home in Wright Street, when he discovered-the loss of the. money. He went back over tho ground he traversed in tho hope of finding the money, and later advertised his loss in a newspaper. Accused had been living at the Salvation Army's .Workmen's Home in Bucklo Sfrcet. and had done no work for soime time. On September 7'he gnvo one of the officers of the institution four notes to hold, and next day ho got them back again. In answer to inquiries', accused said he got the money from hi 6 son in England. The discovery was made when Mooney was arrested for drunkenness a few days later, and when then searched four .£5 notes were found in his possession. Later ho vras aTrosted on the present charge, when -CIS 4s. 2d. was found on him. Mooney admited in tho Lower Court that he had found the money., ■ After the evidence for tho Crown had beon heard, tho accused in evidence admitted finding the money, but denied that he intended to steal it. Tho reason ho gave for the story of receiving the monoy from England -was.that lie was waitipg to see if ii reward wore offered in tho newspapers. Without loaving tho box the jury, returned a verdict of guilty, with a recommendation to mercy. , His Honour said he quite agreed that tho oaso.was.one which did not call for severe punishment, and deferred fmrthor consideration of the penalty- until Saturday. ' . ■ THEFT OF BANGLES. Frederick George Smith was next placed in the dock, charged with the theft of two biuigles, valued -at .£ll 25., the property of Kitty Burns, from a room in tho Carlton Hotel,'Willis Street. The accused was not roprosantod by counsel. The evidonco as called for the Crown was to the effect' that the jnissing Imngles

wore sold to fi second-hand dealer by the accused Although thero was no direct evidence to .connect the accused with the actual theft; lie wns positively identified by the second-hand dealer as: the man who had sold tlio bangles. Accused did not elect to give evidence in his. own behalf, and in :aii address to the juny claimed that it was entirely a case ot mistaken identity. . ■ Ilis Honour summed up very bneflj, and the jury, after. a retirem-ant of 20 minutes, brought in a verdict ot gtulty. His Honour said that, the accused was already a habitual criminal. Ho had previously been . • oonvicted on eight charges of theft; had been deolared a habitual oriminal and had been let out in the hope thftt he would redeem himsolf, but lie had'reverted to his old ways. Smith was sentenced to two years iraprisonment with hard labour and again declared a habitual'criminal.

1 ROBBERY WITH VIOLENCE. • William Murphy and John Ddlton'were charged with the' theft of £8 os. in money; oue razor, ft. silver chain, and two medals, and a bottle of whisky, from the person of John Conway, and at the same time- did use personal violence, thereby committing robbery. Neither accused was .represented by counsel. According to the story related in tho evidence for the Crown, the two accused were in tho Te Aro Hotel on tho evening of September U. whore they met John Conway, a member of • the crew of the b.s. Maitai. The threo had several drinks, and subsequently left the hotel togethor, going along Dixon Street, each of tho accused, holding one of Conway's arms. They led Conway into Quin Street, where tiiey wont through his pockets. Conray struggled with them, but was struck anil knocked do\yn, receiving two black eyes. When he recovered he made a search for the men and subsequently reported the matter to the police. . The two accused exercised their right of cross-examination very freely, and addresses to the jury were delivered by both. Tho jury, after a short retirement, brought in a verdict of guilty against both accused. His Honour said that both prisoners had been previously oonvicted of robbery and had not .been a month out of gaol before this crime was committed, ami sentenced each accused to threo years' imprisonment with hard labour. PRISONERS SENTENCED. Bofore hearing, the criminal cases His Honour tho Chief Justice passed sentence on tho foljowing prisoners:—' Prank Akamb, an elderly man, who had pleaded guilty to forgery at Hastings, stated that he-paid back tho money out of his earnings. It was his first offence. His Honour said the crime was the reSuit of drink. The prisoner was a hardworking man, and lie would grant probation for 18 months, during which pediod Akamb was ordered not to visit any hotel or taj;e alcohol, He was a(so ordered to refund JE3 Court costs. Cyrus Charles Hutton and Basil Henry Fleming, who pleaded cuilty to breaking, entering, and theft at Palmerston North, were two youths, aud His Honour said he did not know what to do with such boys. . Hutton had two previous conviotions against him, and was sentenced to 18 months' reformative treatment at Invercargill. . i . , Fleming, who is not yet 18 years of age, was ordered' to conio up for sentence when called upon, the police to-make a : report on his behaviour at the end of 12 months. Probation for a period of 12 months was granted a water&ijle worker named 'i'hoina6. jPollock (reiti'esented by Mr. H. F. O'Ledry), who pleaded guilty to the tlioft of a bottle of whisky, valued at ss. Gd., from the s.s. Durham, tho property of the New Zealand and African Steamship Company. Pollock was also ordorcd not to visit any hotel or take strong-drink during the period of his probation, and to repay .£3 costs incurred by the Crown, i Isaac GeorgoV Fonseca, guilty of indecent assault on a child of 5 years jof use, and who was'admitted to be liot strong intellectually, was nentcncccl ;to (lirco years' reformative treatment. Ifis Honour said the sentence was made low beoauso of prisoner's mental dofioienoy. Five ]ads, Edward William' Milligtfn, William Edward Jeffrey, Cedriu Kerr Templcton, Honry Pearce Winter, and

Frederick George Price, engine-cleaner. l -, who had. pleaded guilty'at Hairera to breaking, entering and theft, were severely lectured by His Honour. (He said it was a. sad thing- to sec fivo youths guilty of such absolute silliness as breaking into & store and stealing .chocolates and confectionery. No boys with any common sense would do such a thing. I'hey had disgraced 'themselves and their names for the sake of a little confectionery. Milligan, who had two previous convictions recorded against Lion, was ordered to come up for sentence when called upon, the polico to report oil his conduct at the end of twelve months. The remaining four were granted probation for 18 months oach, the probation officer to report on their bchavioui at the end of a year.