SUPREME COURT

New Zealand Times, Volume XXXVII, Issue 8345, 4 February 1913, Page 11

SUPREME COURT

QUARTERLY SESSIONS JUDGE’S COMMENT ON DECREASE IN CRIME. The quarterly criminal sessions of the Supreme Conn were commenced before Ms Honor Mr Justice Chapman yesterday morning. Mr P. S. K. Alacas--ey appeared for the Crown. The following was the Grand Jury; Messrs Charles John Hill (foreman), Arthur Leigh Hunt, William Edward Fuller, James Cable, Georges \yinder, Pohn Revoridgß, Godfrey Thorne George, William Kerr, Alexander Newton, James William Brown, Frank Knibbs, Thomas Vernon Venables, David Buchan Carrie!;, James Wilson Wallace, James Clark, Herbert AVilliam Preston, Henry Percy Blundell, Georges A. Hurley, Herbert Allen Kirkcaldio, John Castle, William Allred Chote. In his charge to the grand jury his Honor said the number of cases was not largo, and none of them presented any complications. It was noteworthy, compared with this date a few years ago, that the number of bills brought for consideration had diminished very considerably. What the cause was was a matter for research, but ho thought it was right to attribute a considerable proportion of the reduction to the operation of the law now in force respecting habitual criminals and reformative treatment. Hero and in England the tendency was to rely on short sentences and to bring into operation the law dealing with habitual criminals and the law with respect to reformative treatment. The latter, though in its experimental stage, had the effect of convincing a certain number of those somewhat irrational people that a criminal career was not a very profitable business. TRUE BILLS. . True bills were returned in the following cases: Albert John Udy, alleged wilful destruction of a dwellmgbquse; John, Rickeard Rilstone, alleged indecent assault; William Hammington, alias Hill, alleged indecent assault; John Condon, Thomas Donovan, arid William Henry Adams, alleged assault and robbery; Herbert Wallace, alias Woman, alleged theft; Walter Kransoh and James O’Neill, alleged breaking, entering and theft; James O’Neill, alleged breaking, lentering, and theft; Seddon Reid, James O’Neill, William Eades and Walter Ktausch, al- . legod breaking, entering and L; George Waters, alleged breaking, entering and theft; John George Norris; alleged assault with intent to commit rape; William John Hogan, alleged assault and causing actual bodily harm. PRISONERS SENTENCED. Albert Henry Palmer appeared for sentence on a charge of theft. His Honor said ho had considered very carefully what should be done in this case, and it seemed to him the only thing lie could do Was to sentence accused to a moderate term of reformative treatment. This would bo with the object of giving him another chance. Prisoner had to remember that the convictions were piling up against him, and if he did not behav© himself he would find before long he would be treated as an habitual criminal. He (his Honor) would not make any promise as to what the board would do ih this case, but the only t.Viirig was that ho had been exposed to some sudden temptation. lib Would bo sentenced to two years’ detention for refpririative purposes. Horace J. Rickards appeared for sentence on a charge of forgery. Mr Gonlter, who appeared for prisoner, submitted that this was a case in which his Honor might grant probation. The prisoner, knowing his upbringing and his position in life, felt the effect of coming before his Honor On such a charge most keenly. He realised the position he had got into, and it had been a great punishment to him already without any imprisonment. Although his Honor had no evidence before him, drink was the cause of the trouble. When prisoner came to New Zealand ho got into a position in a law office and had every opportunity. Having a good deal of money at his disposal ho got in with the wrong set of people, ran short of money, and committed the forgery. Ho would ask his Honor to admit him to probation. , His Honor: I don’t think I can. 1 have had so many of these cases. A man who commits crime under the influence of drink had better bo taken in hand by someone. I only want to do the best for him. Addressing the prisoner, bis Honor said ho thought the best thing to be done was to put him under restraint for h time. Ho was sorry he could not admit him to probation ; he. would bo brdered to be detained for six months for reformative treatment. He would recommend that prisoner be sent to Invercargill. NOT GUILTY. John Rickeard Rilstone (MrNeave) Was charged with indecent assault. He pleaded hot guilty, and after a retirement of twenty-five minutes the jury brought in a verdict of hot guilty. ALLEGED WILFUL DAMAGE. Albert John Udy was charged with having on November Sth, 1912, placed an explosive substance in a certain building, the property of Mary Ann Udy, with intent to destroy or damage the same; also with wilfully destroying a dwellinghouse, the property of Mary Ann Udy. Mr T. E. Maunsell appeared for the accUsed, who pleaded riot guilty. Dr Gumi stated that he know the accused, and was called to see him at o o’clock Oil November Sth. Ho was suffering from a sprained Shoulder, arid had received it within twelve hours. Ho was quite sober at that time, hutaccused could not account for the injury at all. Accused was addicted to drilik arid lie had fits occasionally, caused by drink, which affected his brain. This was inOfe marked in Udy’s case than in ordinary cases. Alary Ann Udy, wife of John Udy, who resided at Carterton, said she owned a property at Waihakeka. and in November last her son (accused) was living there. The house was valued at £3OO aiid insured for £l7O. There was about 150 acres of land, and her soli had managed the place. On November 4th silo asked a man named Hercock to look after her cows on this place, as accused was Subject to fits, but she did riot know what caused them. He had been having these fits for twelve months previously. Bhc knew that gelatine was kept "in the lumber-room off the kitchen, as she had ordered 201 b previously for blowing up stumps of trees, and had caps and fuse as well. She did not ask Hercock to look after the cows until rile morning, of -the explosion. She had never had- an angry word with her son, and she only arranged with Hercock to take river the cows because her son was not well. After the explosion accused ahd his wife and family visited her house.

and in reply to her he said ho did not know how the explosion occurred. Sho was certain ho did not cause the explosion. and she attributed it to the presence of rats. To Mr Maunscdl: Some time ago accused suffered concussion of the brain, and when in liquor he was not Responsible for bis actions. Accused lived on very good terms with his wife. The furniture in the house belonged to accused who did not have it insured. The police laid the information against her son, and she had nothing whatever to do with this action. Henry Hawker, ironmonger, employed by the Wairarapa Farmers’ Cooperative Association, said that he supplied Mrs Udy with 201 b of gelatine, forty detonators, and two coils of fuse in June last. This was delivered to •Albert Udy’s house. Charles Jenson said that on November sth he was driving past the accused’s house and saw a horse and trap there, but he did not- seo anyone about the premises. His attention was attracted shortly afterwards by an explosion. Ho immediately drove hack, and saw the vehicle at the cowshed, a few chains away. If the horso and trap had been left where witness saw it, it would have been destroyed. He later saw accused about a chain from the house, but lie did not make any inquiries from accused. There were a good many people there when he returned. and though he asked some questions of them ho could not get a satisfactory answer. At this stage, the court adjourned till 10 a.m. to-day. 1