SUPREME COURT—CRIMINAL SITTINGS.

New Zealand Times, Volume XXXIII, Issue 5390, 6 July 1878, Page 3

SUPREME COURT—CRIMINAL SITTINGS.

Friday, July 5. (Before his Honor the Chief Justice and 1 a common jury.) LARCENY. Win. Duffy, the lad convicted of stealing a cheque for £2O ICs. Bd., was brought up for sentence. Mr. Izard (Crown Prosecutor) ; I think it right to inform your Honor, in this case, that I have made some inquiry to see if there is anything known about tile character of this lad, and I am bound to say that ho appears to have borne a very good character hitherto, and that no act of dishonesty' was ever before known against him. I have inquired from the Government Printer, and he also says that for the five weeks' prisoner was engaged in the printing office there was nothing missed. As far as I can see, I am bound .to say there is nothing against his character. The parents do not seem to have much control over him. What 1 have to say is so far in his favor, that no act of peculation or dishonesty; prior to this case, lias been found against him. His Honor : Is the boy’s father here ? Sergeant Smith : He is not here, your Honor. His mother is here.

His Honor: When was the, prisoner arrested ?

Sergeant Smith ; He was arrested on the 9th of June. His Honor : Where 1 Sergeant Smith : In Hill-street, your Honor. Sir. Read (gaoler) ; The prisoner says his brother hid the money in Hill-street. His" Honor ; At what time was the prisoner arrested ?

Sergeant Smith : At one o’clock midday. Mrs. Duffy appeared in Court. ■ His Honor: What have you to say about this boy, Sirs. Duffy. Sirs. Duffy ; I have nothing to say. I know nothing about the money. He never brought it- home. He was always a good hoy from his birth.

His Honor : What age is ho ? Sirs. Duffy : He is twelve and a-half years old. His Honor ; When did he leave school ■

Mrs. Duffy : I think he left" school about three months ago. -I sent him to the printing office then.

His Honor ; What wages did ho get at the printing office ? Mrs. Duffy : I think Bs. Gd. His Honor : He took out messages, did he not.

Mrs. Duffy ; I think that is what he used to do, . '

His Honor ; Did he go homo at night ? Mrs. Duffy ; Yes, he used to come home regularly to dinner and tea, aud stop at home then.

His Honor : Has he been allowed to go out at night ? Mrs. Duffy: He used never to go out, except to go to church, or play about the garden. His Honor ; Mr. Izard, I am not disposed to send this boy to a reformatory. I don’t think this is a case for a reformatory.

Mr. Izard ; It is a pity, as, unfortunately, if sent to gaol, instead of becoming better he may become worse by contamination with old offenders.

His Honor ; My experience goes to show that a bad boy may become better in a reformatory; but if not a bad boy, and is sent to a reformatory, he is almost certain to become worse.

Mr. Izard : Gaol is a very bad place for him.

His Honor : I don’t think any good object would be served by sending this boy to prison ; but supposing he is not sent to prison, what ■are you proposing to do with him, Mrs. Duffy? Mrs. Duffy: To send him ‘to school again, and keep him at school until I get him a trade. I will keep him twelve months at school, and then I will bind him to a trade, and then I will be sure of him.

His Honor : It is a responsibility I undertake, you see, in saying that the boy is not to go to prison, because, if we have boys committing this kind of offence—boys who are willing to earn wages, and whose parents are disposed to let them go—something must be done to put a stop to acts of dishonesty when they are placed in positions o! trust. In this particular case, the prisoner must have been sent on some message with printed matter, and saw this letter, opened it, and took out the cheque, and then sent his little brother to change it. Inquiry has been made as to his former character, and such inquiry does nob seem to show that he has been a bov allowed to run about the streets. If I had reason to believe that he was in the habit of running about the street, going to the theatre and other places of amusement, or even to more vicious places, and spending money, or if I had reason to believe that his friends had the money, I should feel bound to send the prisoner to gaol ; but as it is, I think I can take the responsibility of letting the boy be discharged. Therefore, he will be discharged. Young Duffy was then allowed to leave the dock. There was some applause when his Honor directed that he might do so. The applause was immediately suppressed. His Honor*: Of course, what I mean by that is, that he is sentenced to three days’ imprisonment, which will begin at the commencement of the session, the meaning of which is that of couse he is discharged. Mr. "Read (gaoler) *. This is the fifth day of the session.

Therefore he is sentenced to imprisonment from the, commencement of the session until to-day. ATTEMPT TO MURDER. William O’Connor, convicted of an attempt to murder Mr. William Light, was brought up to receive sentence. On being asked if he had anything to say why the sentence of the Court should not bo passed upon him, The Prisoner said : I wish that your Honor will remand the sentence for a few minutes until I get down some witnesses as to character.

His Honor : Yes ; any time you wish. Prisoner : I require Mr. Robert Clarke Shearman, Commissioner of Police here, whom I have known for 21 years. His Honor : If you wish it will stand till Monday morning. It is inconvenient to postpone it for a few minutes, as it would interfere with the other business of the Court. If you wish to have it postponed till Monday, that will not inconvenience you, Mr. Read? Mr. Read : No, your Honor. I would also wish to have the clerk in Mr. Lawson’s office at the Government Buildings. I don’t know his name, your Honor. I also wish to have Mr. Fox, who saw the communication that came to the Minister of Justice from the inhabitants of Waimate on my leaving that place. His Honor ; Do you wish to be brought up to-morrow morning, or on Monday morning ? Prisoner ; They might not bo in to-day to come up in the morning. I will take Monday morning, your Honor. His Honor : Mr. Read, bring the prisoner up on Monday morning. Prisoner : And then I will state the full particulars of this affair before this Court and yonr Honor, and then it will remain to be seen hereafter who is the guilty party. The prisoner whs then removed. FRAUDULENT BANKRUPTCY.

Lawrence Salmon was placed at the bar, charged with fraudulent bankruptcy. Tho prisoner pleaded not guilty. Mr. Izard prosecuted on the part of the Crown, and Mr. Barton appeared for the defence.

The indictment charged the prisoner with having failed to make a full and true disclosure of his estate to the trustee, Mr. Berry, namely, by failing to account for two suras of money, amounting to £l2O and £IBO. , The accused •had been in partnership with two others, as builders, in Wellington, and it was after the dissolution of partnership that the alleged offence was committed, when the prisoner filed a declaration of bankruptcy, and a statement of his assets and liabilities. Several witnesses were examined in support of the indictment, and the further hearing of tho case was adjourned until ten o’clock this (Saturday) morning. ,