THE PENALTY

New Zealand Times, Volume XLIV, Issue 10283, 19 May 1919, Page 6

THE PENALTY

PRISONERS SEMTENCED

BUST MORNING AT SUPREME

COURT

Eleven prisoners feund guilty at the present Supreme Court criminal sessions ■were brought before the Chief Justice (Sir Robert Stout) on Saturday for sentence. A SERIOUS DEFENCE.

When William Henry Aspinnll, guilty of carnal knowledge, appeared in tho dock li© oroie.ssed his innocence of the crime. His Honour said ho could not overlook offences of this nature, which were, very rightly, severely Joked upon by juries. Such offences were far too common in this country, but he was glad to say that Wellington was not the worst town in New Zealand in this regard. , As this was Aspinall’s -first offence His Honour decided to send him to tho Borstal Institution at Invercargill for a term of three years. BANK CLERK’S PALE.

“This is oco of the saddest cases that the court could bo asked to deal with/’ said Mr M. E. Luckie. who appeared on behalf of Reginald Joseph Devonshire, a respectable looking young man, who had admited theft of moneys belonging to the Bank of Australasia. Counsel explained that tho prisoi'er was .. married man with a delicate wife and three children. Ho had bden employed in tho Bank of Australasia for eleven years and for some 'time past while stationed at Peatherston ho had been struggling hopelessly to make ends meet. His salary was totally inadequate, even including the bonus paid, to keep in a decent state * delicate wife and young family, and with the bon© of big. gains Devonshire had indulged in betting on horses. Ho found himself getting more deeply in tho mire and had taken, the money to Dav his debts. He had been compelled to accept the position of clerk to a bookmaker to angmmt his income This was done with the knowledge of tho bank.

Ilia Honour commented very severely on the lack of public conscience with regard to {rambling. Betting on horse races all over the country was an evil that was spreading, but what could anyone expect when the Government alloVod gambling machines. Ho could uot understand a bank consenting to Devonshire acting as a clerk to a bookmakerHowever, ho would take all the circumstances into consideration and lot the prisoner off with eighteen months’ reformative treatment. A MALINGERER.

Lawrence John Maloney, guilty of breaking, entering and theft, put in a statement that ho had been suffering from rheumatism.

His Honour remarked that prisoner had a reputation as u .malingerer, haying imposed on the Charitatble Aid Board. _ Although this was not his first offence it was the first of the kind. Jlalonov was sentenced to two years’ imprisonment with hard labour. EXTRAORDINARY CASE.

When Arthur James Ford stepped into the dock to receive sentence for theft from the Defence Stores in Buckle street, he merely said ho was not sober at fho time the offence was committed. His Honour said it was greatly in prisoner’s favour that he had gone into the witness bos and given. ..straightforward evidence against Evans,"' who had been acauitted. His Honour believed Ford’s evidence, hut unfortunately the jury did not, for some very extraordinary reason. Evans, in his opinion, was the concocter of the whole business and it would be very unfair if Ford was senv to iail while the other man escapeo punishment altogether. At least His Honour would not be a party to any such miscarriage of iustice. Ford would bo admitecl to probation for two months. ATTACK ON WIFE.

Some rather extraordinary facts were elicited concerning John Jamea Joseph Lee, found guilty of wounding his wife with a razor. Prisoner's counsel, Mr T. Neave, put forward tho suggestion that the prisoner had been so seriously affected by war services tbat be was not altogether responsible for his actions. He asked for treatment other than imprisonment.

His Honour remarked that tho offence was punishable by imprisonment for life. Called by Mr Neave. Major W. Siinm said that prior to tho war he knew the prisoner in connection with sth Regiment and could say that he was most capable and trustworthy. Since coming back from the war, however, Lee had been acting most peculiarly. His Honour; It is a very terrible thing if our soldiers after being at the war lose all sense of responsibility. I hardly know what to do with the prisoner, and 1 think probably the best thing would bo to send him to the Prison Board. The sentence was five years’ reformative treatment. PENALTY FOE ASSAULT. Twelve months’ hard labour was the sentence imposed on Khristian Henn Jensen, for whom Mr H. F. O’Leary appeared. Jensen had been found guilty of assaulting a man in Manners street. His Honour remarked that Jenson had pro* viously boon in trouble for-assault, and on this occasion he had made matters worse hv lying. BREACH OF PROBATION ORDER. 'T plead guilty,” said Alonzo Albert Hewison emphatically, who had previously admitted breaking tho terms of his probation order. Ho was sentenced to eighteen months’ .imprisonment with hard labour. GUILTY OF ABORTION.

Jean Collyns, guilty of conspiring to procure abortion, and Alice Scoble, guilty of conspiring and also procuring abortion, were next placed in the dock. Mr P. W. Jackson, who appeared for Collyns. admitted that the crime was a most serious one, but he asked for leniency owing to the special circumstances of the case. Collyns was a married woman with three young children, and her husband had not yet returned from the front. It was something in her favour that she had not personally gained anything out of the transaction. His Honour: We do not know that. The thing looks very suspicious. Mr Jackson: The woman’s statement to the detective shower! that she acted out of kindness and did not at the time realise the gravity,, of her net. The position was altogether extremely sad. His Honour : The woman is not of good character. 1 must send her to Jail. Scoble had nothing to say in extenuation.

The Chief Justice said with regard to Scoble that she had been convicted of a similar offence in New South Wales However, ho was not going to sentence her to such a severe term of imprisonment a» she deserved, because .she was suffering from a disease which may prove serious. He reminded the accused that she was liable to life imprisonment, hut in view of the circumstances the term would be three years. Collyns,’ who wae visibl- affected,_ was sentenced to two end a half years' imprlsonmentINDECBNT ASSAULT. Wfliinm Bnnnonnan Rogers, for indecent assault on a little girl, was sentenced to three years* reformative treatment.