A MONTH’S GAOL.

Hokitika Guardian, 10 May 1926, Page 3

A MONTH’S GAOL.

FOR BREAKING WINDOW. [by TELEGRAPIT PER PRESS ASSOCIATION AUCKLAND, -May 7. riiomns Smith, who wa.s this week acquitted at tbo Supreme Court nil a charge of escaping from lawful custody, by making a dash for freedom from a railway carriage in Newmarket Tunnel-on February 23, appeared at ihe Police Court tip's afternoon, when he had to answer a charge of committing mischief hv wilfully damaging a window, valued at 12s Oil. the property of the Railway Department. Mr Sullivan represented Smith, who pleaded guilty. Chief Detective Cummings briefly recalled the sensational tunnel happening'. Smith, he said, had a long list of previous convictions in Australia and New Zealand. The maximum penalty was two months’ imprisonment, or a. tine of £5. Mr Sullivan stated that Smith h..d been charged with theft of benzine at Taupo some time ago. That charge was dismissed, but at the same Court, lie was given three months for consorting when the other unfortunate affair occurred Smith was found 'not guilty” of escaping from custody by a jury of the Supreme Court. Ordinarily, perhaps, a Magistrate might feel disposed to give accused the full sentence, hut Sullivan submitted that in view of all the proceedings, and the fact that Smith had twice heen found “not guilty” a fine should be imposed.

AL- Hunt said that''.accused had deliberately broken the window. Mr Sullivan: “Well, the Supreme Court acquitted him on the charge of escaping from custody.” Mr Hunt: "Well, this Court does not. He’s sentenced to one month s imprisonment, to he cumulative with

the sentence lie is at present sein-

ingMr Sullivan: “Tins Your Worship the power to make it cumulative?” Mr Hunt: “Yes. That is provided for ill the Act.” In addition to serving a sentence of one month’s imprisonment. Smith was ordered to pay for the window which was broken. _