“BOLD BAD MAN”

Sun (Auckland), Volume II, Issue 353, 14 May 1928, Page 13

“BOLD BAD MAN”

SEAMAN ASSAULTED AND ROBBED YOUTHS FOR SENTENCE “It would be hard and cruel to imprison a boy under the circumstances, or even sentence him to reformative detention among men fully qualified by their antecedent history to be incarcerated there,” said Mr. Mackay in the Supreme Court this morning when James Tui Nicholson and Phillip Eric Charles Alleq appeared foe sentence before Mr. Justice Blair. The former was charged with assault with intent to rob and assault, and the latter with theft from the person (two counts). The occurrence took place after a party in Auckland. Counsel stated that it was not for want of proper training or environment that Allen found himself in the position he was. The two prisoners were at the critical period in life when they thought they were men, and had conceived the idea that they were “bold bad men.” When the offences were committed they were both under the influence of liquor and their lapse was attributable to their not being in their proper senses. They had taken money while drinking from a man of the hard maritime school and the theft from the person was not one in the ordinary sense of the words. Allen had taken his first step on the wrong path, but gave no previous indication of treading it. He asked for probation.

Mr. Justice Blair: I’ll further consider the case of Allen. Speaking for Nicholson, counsel said h© suffered from physical and mental disability. He had cerebro-spinal meningitis when young, and although he had partly recovered, had not the full power of speech and was stone deaf. His education had consequently never progressed beyond the primary stage. His mental attitude was attributable to not enjoying the full benefits of education. His Honour said that as Nicholson was not in possession of his full senses, and was subjected to temptation, he would give him another chance, and sentenced him to two years’ probation, directing that he pay the costs of prosecution. Counsel: These bo3 r s were tied by a peculiar bond of friendship and a curious chivalry existed between them, as they would not say anything derogatory about each other. “The case of Allen is very difficult. I don’t know what to do,” commented his Honour in intimating that he would have to consider his case further. This afternoon Allen was admitted to four years’ probation. In addition to the usual terms, he was ordered not to associate with Nicholson.