PRISON SENTENCE

Waikato Times, Volume 124, Issue 20819, 1 June 1939, Page 10

PRISON SENTENCE

WARNING TO PAINTER COMMENT BY MAGISTRATE “Just to give you an idea of what might happen to you if you do not comply with the terms of the probation extended to you on the fu v st charge, I will sentence you to seven days’ imprisonment on the second charge,” said Mr S. L. Paterson, S.M., in the Magistrate’s Court, Hamilton, to-day, in addressing Charles James Devine (35), alias Brady, a housepainter, who pleaded guilty to two charges of theft. “If you break the terms of probation and come here again you will get two year’s reformative detention,” addd Mr Paterson. Devine stole an overcoat, a suit and £ll in money, a total value of £22, from Frank Hubbard at Morrinsville on May 25, for which he was placed on probation for two years. The accused was ordered to take out a prohibition order and to make restitution of £5 Bs, the balance of the stolen money which had not been recovered by {he police.

It was on a charge of stealing 16s in money from Joseph Devereux at nhaupo on May 8, that Devine was. sentenced to imprisonment. He had been in custody for about a week.

Had Been Drinking In a statement made to Acting- Detective W. J. Headley, of Hamilton, Devine said he had been worried following the death of his mother which had led to his drinking heavily. He said he stole the overcoat and did not know there was £ll in the pocket till later. After drinking in. Morrinsville he went in a taxi to Frankton, from where he travelled to Auckland in ihe train. He was arrested in the city. In relation to the theft at Ohaupo, Detective A. J. White, who prosecuted, said Devine was painting a house for Devereux, from whom he borrowed some money on two occasions. In borrowing the money, the accused noticed where Devereux kept his cash and one night, after remaining for the evening, Devine went back to the house and stole lGs from a draw where he knew the money was kept. Devine told the police that he and Devereux had been drinking that night but Devereux did not mention that there was liquor in the house. Liquor Not to Blame “In the case of the theft of the overcoat, the accused blamed liquor for his breach, but drinking had been an aftermath of the crime and not a prelude to it,” said Mr White. “Devine has been in the country a short time but his conduct has not been altogether satisfactory. if he was brought up with a round turn it might do him some good.

Devine said drink had caused the trouble but he would never commit another offence if he was given a chance. “Unfortunately,” said Mr Paterson, “we have heard that promise often before.”