SUPREME COURT

Hokitika Guardian, 1 March 1933, Page 2

SUPREME COURT

ICRIMINAL CHARGE

-GREYMOUTH, v March 1. The sittings ,of the Supreme Court •were •; continued yesterday before Mr ‘Justice -Reed. A SERIOUS CHARGE. That, at''Hokitika, on November o, 1932/;-hey,had' carnal>knowledge;'ofa. girl ; under ;16 years •of age, iwas the charg e on , which' Thomas , Edward ,Web'b, 24,, labourer, appeared for trial He was also charged, on a second count, with'indecent, assault, i.flfT' . J., A. Murdoch/,., otf Hokitika,, 'appeared for accused, who ; pleaded not guilty to both changes. This;, case had been partly heava previous day. After hearing' ev*»«r.jc and/; addresses •by counsel, hi s Honor isummed up,, and„ the jury retired at 11,52 a/m.,’ returning at 12.33 p.m., with" a verdict .< of guilty on the first loount, with //a strong recommendation to mercy. '• / '

When the prisoner came up for sentence, Mr Murdoch, said lie would ask His Honor to follow the precedent which, he that morning intimated He had followed at Christchurch, ahd to extehd probation to the prisoner lh this . case. Mi* Justice life said had kept in touch With Cases of this kind, when lie admitted the offenders to probation, and in every, instance lie had -bceu- pleased with the results of The prisoner was a native Westland and 'was brought up in Hokitika . district, aijd was ,a ladi’ , During the period between»his ~ father’s and mother’s death' the prisoner- hiad been his mother’s solo support. The only thing was that the got too ; much . liquor.' Good business men: in Hoiktika could give j recommendations as to his conduct and character, - whilst in. \ addition, .the jury had returned a- strong recommendation to mercy'. . ' “What means lias- accused of paying the- Cost ofi thei prosecution?”- asked His' Honor.. , j;, - '• '/ Mr Murdoch said that he; was,' gold mining, andrit was rather precarious. Hisj"; earnings'; up, .to, the present, were from, ; 30s to £2 a. week. , . . ; His ,Honor: “I don’t intend to'send this;' young man/ to' gaol/ hut"the costs i £l7; 105,,2d, the, ■,country has -been put | to, /. are rather, heiivy. What about | counsel?” '•it /■ ■' /• '. ■-. ■ . |

Mfr- Murdoch •'* ’That has been attended to by. his brother-in-law. As Your Honor will know from, his own experience, that lias been found advisable to do.” ; • His Honor/said'that although the prisoner ’would be treated leniehtly,, he could not/, put the expense on the country. ' - ' Mr Murdoch: If the trial had takfen place ; gl». ICointil*) it WonM <fi«t 4&W9* been fee heavy. ; His Honour: I.intend to make a prohibition order, Against • accused. From the information -before, me it ■is not difficult to get, liquor when the are ..closed. \ this was- on a'SunV/'and' accused : apparently had liquor.-. ■ , . • ' '

Mr Murdoch: Not in'Hokitika. His Honour said he. would leave it to Site Probation Officer as to what amount prisoner was' to pay. He said the crime accused had been convicted of was seriotis under some circumstances, but it was not so serious in this .particular case.’ Such girls, even though they were .inclined to be loose' had ;to be protected. He appreciated that prisoner’s character '>hfid been; good previously, and that ho had no difficulty ip getting',.the/ girl’ ' to go with'ihim. Another pleasing • feature wasj . that accused ; did not drag anybody else into, 'gffair. j He., would be. admitted to probation for two years on the usUal terms, prisoner to take out a prohibition border and renew it after, the first twelve months. “You will also pay the costs of the trial, £ .7 10s 2d ,as the Probation Officer tl inks'fit, and -remember that if,you commit a breach of your. ■ probation you .can be sentenced on* the present charge. You may go now,” concluded His Honour. I < , ; f

! PRISONERS FOR SENTENCE. I .’i’ ■/, ,V C; [William Gkrarlay Ricalton, 36, and William, Sylvester Robert S) 5J } appeared for sentence on a charge that on Jainuary, 1, 1933, -they broke and. entered the warehouse of (the Westland ■Breweries, Ltd., Turumaha and

stole six dozen bottles of ■ beer, valued at £4 10s. •

Ricalton and Roberts also appeared

for sentenae on a charge that, on November 27, 1932, at Greymouth, they broke and entered the railway goo-us died, with intent to commit a crime. Prisoners were not represented by

counsel.' Ricalton stated that he did not remember committing the offences. w* fully realised llhe mistake he had made, and the fact that his wife and family were suffering for his silliness. He promised faithfully,’ when ne guu over th e present , trouble, that he would rejoin the Salvation Army, and live a clean, respectable life. His Hond r , isaid that, if there had been only one case, might have considered probation, but there were two, within a short period. Rica iron would be sentenced to twelve months’ imprisonment on, each charge, the sentences to be concurrent. would be sentenced to eleven months’ imprisonment, as he had already been in custody for one month. i

Robert McLeish Anderson, 28, and Edward Crcift, 33, appeared ,for sentence, having pleaded guilty in the Lower Court when charged that, on or about 'October 7, 1932, at Paparoa, they broke and entered the, shop of Catherine Maguigan, by night, and stole goods to th 6 value of £3O 16s 4d. , was /not (represented by ,counsel) and had nothing to. Say. Appearing for Croft, Mr Hannan stated that prisoner had resided at Blackball for 18 year’s, and .'during that time, except for being somewhat addicted to drink, hie character had been good. His Honor said that he.had considered the Probation Officer’s' report. Anderson’s character was Bad, and apparently he had been, the ringleader. ■ He would be sentenced to 18 months’ imprisonment, with hard labour, ' Croft would be admitted to probation for two years, on the special condition that he paid the oosfcs (17s) within two months, and that h*, take out a prohibition order for two years, WAIUOJA ASSAULT CASE.

Thomas Turner, widower, aged 50, of Waiuta, was charged (1) With, assaulting Hugh - Joseph' Neary at Wanna on, November. 4, 1932, so. as to cause him actual bodily harm ; (2) ’ Assaulting a constable while in the execution of his ■ duty • (3) ■ Assaulting- Hugh Joseph Neary;/ (4) Attempting 'to escape' while in custody on a charge of drunkenness. Accused who was represented by Mr JlW..Hannan, .pleaded not guilty to all four charges.

( , The jury returned a verdict of guilty !on th e fourth count./ .The jury , made :. a- .strong ; recommendation to .mercy, \r the Foreman/ stating this was on acI count of accused’s previous, good c'hari. acter and his .actions'after the accident. 1 His Honor, said prisoner would be admitted to"-probation for two years ou the usual terms,’' a special , condition .toeing* that '/ho « wcosfei of* the prosecution, .whi'fch would he- less thali £2O, and tak e out, a’ prohibition order to he renewed after ' the first’ twelve months, ,( If you did not drink,.in the past, the condition will not.. ti’oub’<3 you, but .if ,you did, ,it wiU be '. hard on you.’'But' if you' commit a breach of your .probation, you can be brought up on the present, .charge,’/ ■ said His Honor to the prisoner, who was then discharged.