SUPREME COURT

Otago Witness, Issue 4032, 23 June 1931, Page 54

SUPREME COURT

PRISONERS SENTENCED Two prisoners were sentenced by Mr Justice Kennedy in the Supreme Court on Saturday morning. THEFT OF TOBACCO. Arthur Gavan, alias Palmer, alias Andrew Gavan, for whom Mr C. J. L. White appeared, was sentenced on a charge of breaking and entering the premises of C. H. Tucker and Co. and stealing tobacco and cigarettes valued at £ll5. Mr White said that the prisoner was a single man, 30 years of age. There had been unfortunate circumstances attending his birth, but he had been befriended by his foster mother, who had brought him up as her own son. She still had implicit faith in him, and stated that lie had been kind and helpful. For 10 years as a youth he had been in very bad health. He had to leave school after passing the Third Standard, and a private tutor had been Obtained. He seemed to have been quite a decent youth until he had started on a gambling career. In 1923 he had come before the court of a charge of breaking and entering. This had been attributed to gambling, and he had -spent a period in the Borstal Institution. After his release he seemed to have made a genuine attempt to make good, but he bad begun gambling again, and had got into trouble at Christchurch, being sentenced to a term of imprisonment. His trouble had developed again in prison, and, on his release, he had been scarcely able to walk. He had obtained employment as a commission agent, and had been doing well. Early this year he had booked up a considerable amount of business, but the factory had been unable to supply the goods. The prisoner had lost £BO in commission, which he had been relying upon to pay his debts, foolishly he had started gambling again, and had - taken his employer’s money. He had started plunging on horses, and had got deeper and deeper into the mire. Finally he had fled owing his employer £lBO. His intentions had always been good, but he had always fallen from the one vice of gambling. ' In Christchurch he had met an old prison associate who had suggested a career of crime. The prisoner had at first declined, but had finally undertaken to assist. He had hiied a ear, his sole duty being to bring the party south to assist in carrying the goods. The suggestion had been made by the police that he had done the “ job ” on his own. The Crown Prosecutor (Mr F. B. Adams) : That is not so. At least one man and one woman were associated with him in the crime. Counsel asked his Honor to take into consideration the prisoner’s early life, his attempts to make good, and the fact that gambling had caused his downfall. Mr Adams drew attention to the fact that the crime had not been an impulsive one. It had been planned at Christchurch at least two days before it had been committed. Even if he had taken no part in the actual breaking and entering he had furnished the car, and in this respect had taken an active part in the robbery’. Mr Adams also stressed the factors that a motor car had been used in connection with the crime, that breaking and entering was rife, and that the prisoner had had two companions whose names he would not disclose. An arrangement had been made with a tobacconist in Christchurch who, it was alleged, was to receive the goods. His Honor sentenced the prisoner to imprisonment with hard labour for two years and six months.

THEFT OF POSTAL PACKETS.

Robert William Paul, who was also represented by Mr White, appeared for sentence on four charges of stealing four postal packets from the North Dunedin Post Office while employed as a postal officer. His Honor said that he had doubt whether the prisoner should be released or whether it was proper to send him to Borstal. In view of his youth, his previous good character, and the fact that the thefts had not extended over a long period, and in view of the probation officer’s report, his Honor had decided that in this case the prisoner should be given a chance to redeem his folly- He would be released upon probation for a period of three years. He would be ordered to make restitution by such instalments as the probation officer thought fit. no instalment to exceed 2s weekly. The prisoner would also be instructed to supply a statement to the probation officer of liis weekly earnings and expenditure.

EXCHANGE OF PROPERTIES

The case in which Edith Charlotte Simpson proceeded against John Lewis Smith claiming specific performance of an agreement for an exchange of properties was again mentioned. Mr J. S. Sinclair appeared for the plaintiff, and Mr A. G. Neill for the defendant.

When the case had been previously heard the question of entering up judgment had' been reserved. On Saturday morning his Honor entered up judgment for the plaintiff, making a decree for specific performance and allowing costs as on a claim for £2ll Ils.

PRISONERS SENTENCED. WELLINGTON, June 19. John Edwin Jones, aged 42, was sentenced by Mr Justice MacGregor to 12 months’ reformative detention for causing

actual bodily harm to a woman with whom he had been friendly. The plea was made that Jones’s action was reaEy that of a sick man. The Crown Prosecutor said that Jones had been warned twice by a constable and had said he would not do the woman any harm. However, he followed her and brutally assaulted her, and had it not been for the timely intervention of two men she might have been killed. A doctor’s report was that Jones was at present menially unbalanced, probably due to worry and family affairs. On each of three charges of indecently assaulting girls, aged 12 and 13 years, William King, aged 67, was ordered 12 months’ reformative detention. Reginald Charles Gordon, aged 30, on six charges of breaking and entering byday and theft, was sentenced to 18 months’ imprisonment. John Albert Lawlow for breaking an<l entering and theft received six months’ imprisonment. Leonard Edward Swenson, aged 24, for committing mischief by wilfully destroying a motor car with intent to defraud, was ordered 12 months’ reformative detention. Douglas Cameron, aged 34, for indicant assault on a male two years ago, was convicted and ordered to come up for sentence if called upon within two years, subject to payment of the costs of the prosecution.