SUPREME COURT.

Taranaki Daily News, 10 December 1919, Page 7

SUPREME COURT.

YESTERDAY'S SITTING. PRISONERS FOR SENTENCE. The criminal session of the Supreme Court at New Plymouth concluded yesterday morning, when the following prisoners were sentenced by His Honor the Chief Justice, Sir Robert Stout:— Mary McLean t(Mr. S. W. Fiteherbert). —Bigamy. Counsel, after referring to the jury's I recommendation of prisoner to the leniency of the Court, noted also that Hendricksen had lived four years with prisoner as her husband, and that °t ' t ' as ' he had some moral obligation to protect her. His Honor said lie did not intend' to punish prisoner severely. At the same time the Court could not encourage this class of crime in view of the anomalous position of the law of bigamy in New Zealand- He would have dealt more leniently witli accused if she had not gone into the box and made the false defence that she believed her husband to have been dead. He pointed out that the law regarded bigamy as a serious crime and provided a penalty of seven years' hard labor. He intended, however, to inflict only a nominal penalty of four months' hard labor.

Jack Johnston. —Eight charges of breaking and entering and theft. The Judge expressed regret that a fit and strong young man like the prisoner should And himself in such trouble. He reminded him of the leniency of the Court towards him in September last, and also of his breach of the probation granted- to him then, which amounted to a flouting of the law of the land. Prisoner was sentenced to four years' reformative detention on'each charge, at Invercargill, the sentences to mn' concurrently. The Judge expressed the hope that prisoner would take the lesson to heart, and ■so behave himself as to enable the Prisons Board to release him on probation before the expiry of the four years. He told him of the kind of institution to which lie was going and told him the punishment was intended to give him a chance to reform and become a respectable citizen. Neville James Crozier (Mr. 'C. H. Croker).—Common assault. Counsel urged that prisoner had pleaded guilty to what was a technical assault. The Judge interrupted' to say that it was much more than a technical assault. He had admitted being in a stranger's house at three o'clock in the morning, in the hedroom of a young girl, and putting his hand over her moijth.; Mr. Croker submitted that there had been no intention of committing a crime by prisoner! , The Judge: We don't know what his intention was. The jury had found that ho had not intended to commit a crime. He could not say what had brought the jury to their conclusion, but they had probably taken, the view that the action of the prisoner was something in the nature of a joke. Prisoner himself had admitted that ho.could give no reason for going into the house and committing the assault, and the

judge said he did not think a lad who i went ' jabouti akid 'entered stranger's, houses by night without knowing wny he did it was the sort of lad that was fit to go about the district without restraint. His Honor also referred to the fact that prisoner had been convicted on two charges of theft and the last offence had been committed during a term of probation to which he had beep admitted. The judge further remarked that he hoped the leniency of the jury towards prisoner would not cause other lads to think that they could go into, any house at three o'clock in the morning, and get off "scot free." Prisoner had admitted what in the judge's opinion was a serious offence. Further he was not of good character, and if his course w,as not arrested he would embark on a career of crime.

Prisoner was sentenced to twb years' reformative treatment at Invercargill. Francis Douglas Still (Mr. Croker).— Two charges of breaking and entering and theft. Counsel pointed out that prisoner was very young, being ,only, 17, the police report of his character was favorable and that apparently his action had been committed while he was under the influence of and in the company of Jack Johnston. The Judge warned prisoner of the result likely to follow such, conduct, and admitted him to probation for a term of two years on tho first charge, and ordered him to come up for sentence if called upon if he commits a breach, of his probation, on the second charge. Percy Lewis Ward (Mr. Croker).—Two charges of forgery arid uttering. Mr. Croker said he could not urge much in prisoner's favor, but asked the Court to deal as leniently with him as the circumstances of the case would permit. His Honor said prisoner had begun life badly and after reviewing a fairly lengthy list of convictions against him, sentenced him to three years' reformative treatment.' Wm. Arthur Woods.—Theft. The Judge remarked that prisoner had pleaded guilty to a very mean theft from a poor woftan of a sum of money that she had.received'for the,purpose of completing the purchase of her house, and of which accused was aware. His Honor sentenced prisoner to ( two years' hard labor. On the application of Mr. Billing an order was made for the restitution to the woman of a sum of £5 found on prisoner at the time of his arrest. Wm. Donald Blair (Mr. S. W. Fit?,herbert) .—Theft, and destroying postal packets'.

The Judge asked what had become of the sum of money, amounting to £134 Cs 4d, which was said to bo missing. Only a small portion of it had been accounted for. Mr. Billing said the police evidence was that prisoner had destroyed the letters and packets. The assumption was that any . letters which accused found to contain cheques or postal money orders which he could not negotiate were taken down to the beach and burned. Mr. Pitzherbort said prisoner had destroyed the packet and letters because he was too lazy to deliver them. The Judge said the sum involved was a considerable one, and all he had before him was the prisoner's plea of guilty to the thefts. Hs suggested some further inquiry should be made by the Crown as to whether any cheques had been cashed, or what had become of *hn tnnn*v,

It was agreed that the case should stand down till 1.45 p.m. . ■ When the Court resumed, Mr. Billing, for the Crown, said no further light could be thrown on the matter, beyond the sums that had already: been traced. Mr. Fitzherbert said he had had an in/ terview with accused since the morning, and he had stated that he had stolen tne packets, but lmd handled no money. His H r qnor said he did not wish to do anything lujrsh suggested the case might stand down till Saturday morning to allow further investigations to he made. His Honor intimated'that he did not think he "could give probation in the case as the Supreme Co,urt had laid down that the theft of postal packets, and especially those containing money, was a serious offence. An application for bail until Saturday morning was refused.