PRISONERS SENTENCED

Dominion, Volume 13, Issue 144, 13 March 1920, Page 5

PRISONERS SENTENCED

GALLANT SOLDIER IN TROUBLE MAY BE SUFFERING FROM WAR SHOCK His Honour the Chief Justice.(Sir Robei't iStout) presided at the Supremo Court vesicrdav, and had four prisoners before' him for sentence. .Tames Harold O'Brien, who pleaded guilty in tha Magistrate's Court on Wednesday last to nine charges of theft of luggage, was'represented by Mr. Trcadvvoll. Mr. Treadwell said that this was really a most extraordinary case. O'Brien was a sergeant in the second Canterbury H-esiment. At Messines he won the highest decoration next to the Victoria Cross for his gallantry, for lio received the D.C.M. Six weeks later, at Warneron. he was decorated with the Belgian War Medal. After tluit he was wounded in the head, and had wounds all over his bodv. Ho was invalided to England, and when tho great push took place in 1918 ho returned to France. In. the meantime he had come under the notice of Colonel Mitchell, and was recommended b" the colonel for a commission. That was his military record. Counsel said that O'Brien came of a very respectable family on the West Coast.-and e.xcept' for a minor offence (assault! committed some time ago thero bad been nothing against him except these extraordinary olfcnces. Counsel stated that tho tremendous strain on O'Brien had produced in him a neurasthenic condilior.

Dr, Gilmer snid tlmt he had examined O'Brien, and had come to- the conclusion that he was suffering from neurasthenia. He hnd a dilated eyeball, and his heart was affected. ■ The man had had his brain shaken up, probably by- eonsin lit exposure to shock.

His Honour said that the best' tiling would jjo to adjourn tho case for a month. 60 that the prisoner could be under mcdical observation He could not place him on probation with nine charges against him. O'Brien was accordingly remanded to April 12. ADMITTED TO PROBATION. Mr. H. F. O'Leary appeared for Arthur Noble, a youth, who had pleaded cuiltv to tho theft of 59 blouses, valued at .£B7 Os. Cd., the property of llackv, Losan; and Caldwell, Ltd. Charles H. Young, Wellington manager for Macky, Logan, and Caldwell, Ltd.. stated that the prisoner had been in tho employ of the Sum for fnuy years, and his conduct all through had been exemplary.

Sydney 11, Underwood, who had known Noble and his parents for a considerabls time, stated, that the prisoner had an excellent home, and that there had never seemed to.be anything in tho boy's conduct to call for restraint. I

Mr. O'Learv said that the case was rather peculiar, in that the prisoner had kept every penny of the money lie obtained from the'sale of the stolen blouses. The' lad had had a very severe attack of influenza in 1918, and had had a recurrence of it this year. The only conclusion that those who. knew him could arrive at 'was that the influenza had unbalanced his mind. The whole of the money had been refunded, and counsel suggested that the boy should be placed on probation. If tho Court acceded to tho reouest. the father intended to take the bov into his own business, and so have him tinder supervision.

His Honour said that it was very sad to see a bov with every advantage throwinir awav his chances. Noble was placed on probation for a, period of two years on tho usual conditions. ' FALSE PRETENCES. Charles Frederick Hodgson, who was tho next prisoner to be sentenced, had pleaded guilty on Wednesday to tlires charges of falso pretences. lie was represented bv Mr. G. Watson,

Counsel stated that the offences were nil committed at the same time, n.nfl the amount involved was vcv,v Bmall, On the outbreak of war tlio 'prisoner 'enlisted.'with the Australian forces, and went ,to .New Guinea. Ho returned : to Australia later, and was discharged. Ho came to New Zealand, and committed tho offences, Ife then joined the New Zealand Expeditionary and aftei active service returned to New Zealand on January 28 last, when lie was arrestfld on .hoard the transport at Auckland. He -was convicted of an offence in Bathlirst six years ago. Counsel urged that tiie man had done his duty to the country during the past fiv?> years, and asked that that should be taken into consideration. The man had been in custody since his arrest, as he was unablo to ob'tnin bail.

His Honour said that he could not overlook the offences, although they had been committed 60ine time ago. , Prisoner'had a bad record, and if he I canic before the Court again he would be declared an habitual criminal. Hodgson was sentenced to six months' imprisonment on each cliargo, tho terms to be concurrent.

A BOY PRISONER, , Georeo Williamson, a lad just'over sixteen years of age, came 'up for sentence, having pleaded guilty to two charges of false pretences at Ohakuhe and Taihape. In January last the lad was convicted of theft at To Aroha, and on that occasion he was ordered to come up for sentence when called lipon. His Honour said that as the prisoner was over sixteen years of age he could not lie sent direct to the Weraroa Training Farm. It was a. great pity that that was the law. The Education Dcuartmont. however,. was williftg to have the bot at Weraroa, and would take steps to have hint sent thero.. His Honour said ho would impose the nominal sentence of six months' imprisonment, and the Government Would trausfer the bov to'tlie training farm.