FIRST CHARGES

Hokitika Guardian, 15 September 1926, Page 4

FIRST CHARGES

UNDER NEW LEGISLATION. WANGANUI. Sept. 13. A {Treat deal of interest was taken in two eases heiird at the Wanganui' Magistrate's Court to-day, laid under the 102 G amendment to the Dei ice Offences Act. The 'cases wore the first of the kind heard in New Zealand. The charges, which were preferred against Hoy .fames Lambess, alias Davison, and Christopher Home Nicholson, two sir.'artly dressed men, were that they were idle and disorderly persons without sufficient lawful means of support. Under the new Act it becomes incumbent upon tho persons suspected of vagrancy to prove the possession of means, apart altogether from the amount of money lie may have had at tho time of arrest. The amendment caused : :i great deal of discussion in the House of Representatives, In a statement, Detective Walsh said that the two men were parasites, and were to he found wherever people congregated. When men ol the description of (he areused arrived in the town, tho police received all sorts of complaints. Both men could he described as being in tho class, vind had a list of previous convictions.

Both defendants pleaded not guilty. In the ease of T.nmboss. Detective Walsh, who conducted the case, gave evidence that the. accused had doc; no work oven a period of six or seven years. Ho was mu associate with thieves and reputed thieves. Accused had been warned to keep out of the town. Landless would not have come to town if there.was no race meeting

Evidence was also given by Detective A. Moon and Racecourse Inspector A. Ward in support- of the previous witness. ( fop the defence submitted tin! I lie cw- : ■.'.curci >'f persecution, not prosecution. Landless had not been given a dog's chance to rehabilitate himself. The logical outcome would be that whatever town he went to-he weald lie arrested on some charge.

'flic probation ollieer said that he would net. recommend the man for probation under any consideration. He had fifteen convictions against him, and had abused all privileges. Landless was a waster of the worst class. The Magistrate (Mr ■!. S. Barton) said tliat accused had a lnrd row to hoe. not because of police persecution, but. because of the reputation lie had made far himself. He was convicted and sentenced to three months* laird labour.

Nicholson pleaded not guilty. The circumstances were similar to those in ihe previous disc. Detective Wah.h stated that accused was an associate of thieves and “eon.” men. During idle last two years he laid habitually consorted with Archibald J.ee. a well-known Australian criminal. Lee was looked upon as one of the worst criminals who had ever been in Xew Zealand.

The Magistrate said that licensed was rightfully described a; a raccicurse parasite and spieler. I*util the law had been amended, i lie police had been powerless to apprehend this class of criminal. A sentence of throe months’ hard Lib;: nr was imnosed.