SUPREME COURT

Ashburton Guardian, Volume 53, Issue 252, 5 August 1933, Page 3

SUPREME COURT

SUDDEN END TO TRIAL. PRISONER DEFENDS HIMSELF. (Per Press Association). WELLINGTON, August 4. There was a sudden termination to the re-trial of Philip Gordon Brazier in the Supreme Court on charges made against him as the result of a burglary at Dannevirke in March. After evidence had been heard, his Honor informed Brazier that he thought he need only concern himself in his address to the jury with one of four charges, that of knowingly receiving goods. In the course of an able address, Brazier pointed out that the charge of receiving was the only one on which he was found not guilty at the previous trial. On reference being made to the criminal record book this was found to be correct. His Honor said accused, having been acquitted, could not be tried again on that charge. As to the other three there was really no evidence on which the jury could convict. The jury, without retiring, returned a verdict of not guilty on these, charges and Brazier was discharged. Brazier's first trial was in May, when he was found guilty on three counts, two of theft and one of breaking and entering, and he was sentenced to two years' hard labour. He appealed to the Court of Appeal and, following investigations, was granted a new trial. Brazier conducted his own defence in an able manner and showed such ability in addressing the jury as to cause, his Honor to comment regarding it. He said that there was plenty of opportunity for a man of his ability to earn an honest livelihood, and he suggested to Brazier that if he pulled himself together it would be possible to do so. ARMEO WITH BLUDGEON. WELLINGTON, August 4. Three prisoners were sentenced this afternoon by Mr Justice Reed. Counsel for Terence Welsh Flynn, a seaman, aged 23, suggested in view of the circumstances existing at the time of prisoner's offence and his previous good character, the case was one in which his Honor might consider granting probation. Flynn had been found guilty with a recommendation to leniency on a charge of being a rogue and vagabond, in that he was found during the seamen's strike armed with a bludgeon with felonious intent. His Honor said he agreed with the jury's verdict. He would take the jury's recommendation into consideration and would not impose as long a sentence as he might otherwise have done. He could not release prisoner on probation. The matter was too serious. The Courts of New Zealand would not put up with violence. He proposed to inflict a. sentence, which, although it might be considered lenient, would serve as a warning to people found in possession of weapons sifch as that in the possession of prisoner that they must go to gaol. The sentence imposed was three months. Alexander Sutherland, for knowingly receiving a stolen bicycle saddle, was sentenced to six months' hard labour. Percival Norman George Archer, aged 45, for indecent assault on a boy and attempted indecent assault on a boy, was sentenced to 12 months' imprisonment with hard labour.

AUCKLAND SENTENCES. AUCKLAND, August 4. Prisoners were sentenced by Mr Jus« tice Smith to-day as follows: Albert Herbert Clist, 35 years of age, for indecent assault on a male, two charges, three years' imprisonment with hard labour. The Judge said that he had no doubt that the prisoner had sexual weakness. Otherwise he had been a very reputable citizen. Arthur Cummings, 61 years of age, for indecent assault on a girl of nine, was sentenced to three years' reformative treatment. Prisoner exclaimed: "I swear I didn't do it." His Honor:\ "I don't believe you." Frederick William Seaton, 46 years of age, for incest, was sentenced to four years' imprisonment. Seaton'B daughter was admitted to probation for two years. The Judge said that the probation officer's (report took the view that the girl was definitely under her father's influence. In sentencing the father, the Judge remarked: "It seems to me that many of the persons found guilty of sexual offences are cases for pity rather than anger."