SUPREME COURT.

Taranaki Daily News, Volume XLVII, Issue 8137, 20 June 1906, Page 2

SUPREME COURT.

NEW PLYMOUTH, TUESDAY, JUNE I'Jth. Before His Honor, Mr Justice Edwards. The Juno sessions of the Supreme Court opened at New Plymouth 'oil Tuesday morning. The following Grand Jury was sworn: Walter Ambury, J. G. Arthur, I. Bayly, W. M. ISayiie, E. T. Bluudoll, K, 0. Ellis, K. Heard, A. H. Herbert, If. W Kirkwood, C. M. Lepper, A. Mc I lardy. F M •sseugcr, G. H. Morgan, F. J. Morris, If. Howson, Stanley J. Saiiih, J. Smith, Fred J. Stohr, Chas. 11. Stott, Geo. 0. Waddy, E. P. Webster, Walter C. Weston,

His Honor, referring to tho lightness | of the chargo-sheet, congratulated tlio Grand J'iry on the abs 'nee of crime in the district. Only one matter wo-tld be submitted to them for consideration, the case of a post office o.nployeo at Hawera, who was charged with breaches of the Post office regulation! by the theft of the contents of postal mattor. There should be no difficulty whatever in returning a true bill, as the accused had made a confession of his wrong. There might be soma question raised as to the admissibility of the confession, owing to the circumstances under which it was given. But this was a quostion of law, with which the Grand Jury had nothing to do.

THKI'T OF POSTAL MATTER. A true lull was returned in the case of Albert Charles Ogilvie, arraigned on five counts of breaches of the Post Office regulations. The charges included the theft of a letter containing £1 2s 6d, addressed to J. Thacker, Hine streot, New Plymouth; stealing £2 from another letter; destroying a letter taken from the postal box at the Hawera railway station; stealing a leUer containing £2 3s, addrejsed to the Citizens' Life Assurance Co.; and stealing a letter containing £5, addressed to Mrs C. Kneebone, Mount Eden, Auisklwd.

The prisoner,' a lad of about 17 years of age, for whom Mr It. D. Welsh appeared, pleaded " guilty " to the first three charges, and " not guilty " on the fourth and fifth, Mr Kerr, Crown Prosecutor, intimated that he would accept the pleas of guilty, and would enter a " nolle prosequi" oi the other two. His Honor: 1 suppose he is a first offender ? Mr Kerr said there was a previous conviction against the prisoner. His Honor remarked that he would like to havo some evidence as to the lrid's character, and for this purpose adjourned further proceedings . until after the luncheon adjournment.

At 2 p.m., the prisoner was asked the usual forma 1 , question if he , had " anything to say " before the sentence of the Court was passed lipon him. Mr Welsh called James Ogilvie, until lately foreman undor tho Hawera Borough Council, and father of the accused, who stated that tin- boy was only 17 years of age. Sulci; his dismissal from the Post Oilier, the lad had been employed by acoali-building firm, from whom lie had received a good reference as to character (pu* in). The pre/ious theft on which lie had been convicted was a trivial, schoolboy's affair. Accused and another boy wore building a pigoon-house, and borrowed carpenter's tools from a house being erected close by. The builder returned before the tools were taken bank, and placed the matter in tho hands of tho police. The lads hail only meant to borrow tho tools. His Honor remarked that this did not seem very serious, and he was not going to add to the prisoner's sentence on account of it.

To Mr Welsh the witnoss stated that he hud taken a farm, and intended keeping his son employed on it, so that he could keep him under his own supervision.

Mr Slovens, postmaster at Hawora, gave evidence that Ogilvie had been a fairly satisfactory employee apart from these offences.' He had " owned up " on cross-examination, and had afterwards voluntarily stated his intention of " helping to clear up tho moss" he had made. The wholo matter had previously been investigated by the Chief Postmaster at Wanganui, without success.

Mr Welsh asked the Court to take into consideration the time that had elapsed between the discovery of the culprit and the date of commencing proceedings. (Ho would ask His Honor also to remember the youth of the prisoner, and the fact that he was left alone in the office with all these documents and letters lying about. Temptation had been placed in his way,—temptation that would have turned an older head.

His Honor could not admit that Addressing the prisoner, lie said that this was a bad crime. Stealing a letter was worse than stealing anything else. It was of absolute importance that the sanctity of the Post Office should be maintained. The prisoner had destroyed a letter from a husband to his wife with Heaven only knew what results He had confessed to stealing twelve or thirteen letters, the theft, extonding over several months. He ■had had a good position, a fair salary and a good home. Yet with all this, he had turnod thief, and he must be punished as a thief, The punishment must be such, too, that every man, woman and child in tho postal servico would know it was a serious matter, aud that if the sanctity of the office were invaded, and such crimes as those perpetrated, if the thief were found so surely would he be sent to gaol. There would be no probation. As laid down by His Honor, and acted upon by all the other Jitdges in the colony, such offences would be punished by imprisonment, as a warning to others. The only matter that could bo taken into consideration as helping tho prisoner was his confession. The lightest sentence that could be inflicted in order to meet the case was twelve months' imprisonnleut with hard labour.

THE MATAPU ARSON CASE. The Matapu arson caso was the only one to occupy the attention of the common jury, which was empanelled as follows: H. P. Russell (foreman), Alfred Tanner, Frederick Harrison, Charles Emery, Wm. Harknett, John Bennetts, Wm. C. Nixon, Percy B, Butler, James C, Morey, Alex Mitchell, J. Williamson, Walter Hoskin. This case, which occupied several days at tho previous sessions, was one in which Daniel McL'Dowic was charged with having caused a scries of fires on the farm of his neighbour, named Poole, oil tho Hastings road, near Malapu. Mr Kerr prosecuted for the Crown, and Mr It. D, Welsh \\'as defending counsel.

The evidence was mainly on lines similar to that adduced in the previous trial, and the caso for the prosecution was still proceeding when tho Court rose.