CRIME AND PUNISHMENT.

Auckland Star, Volume XLI, Issue 203, 27 August 1910, Page 5

CRIME AND PUNISHMENT.

_ ■WRONGDOERS BROUGHT TO BOOK. POUR HABITUAL CRIMINALS. A batch of prisoners was brought Before the Chief Justice, Sir Robert Stout, for sentence at the Auckland Supreme Court this morning. The young man, ■Frederick James Symons, with some aliases, who pleaded guilty to charges of theft, and found guilty of receiving stolen goods and of breaking, entering and theft, was stated by the police to have previously served a long sentence for theft at Palmerston North in 190 S. His Honor said that accused was one of those offenders who would probably benefit from reformative treatment. So far as the offence of breaking and entering was concerned, his Honor said this class of crime had to be put down, as it was very prevalent in Auckland, and more prevalent than anywhere else. He did not know the reason of this, but it was a fact. Prisoner was declared an habitual criminal, and sentenced to one year for theft from the City Hotel, one year for receiving a stolen portmanteau, and six months for theft from the Central Hotel, the sentences to run concurrently, and a further eighteen months for breaking and entering and theft. Wm. John Parker, alias George Harrison, convicted of theft and breaking and entering, had many previous convictions against him. His Honor imposed sentences of six and eighteen months ,(concurrent, and declared Parker to 'be a habitual criminal. William Scarbroa, a black man, convicted on two charges—breaking and entering and theft of jewellery—had nine previous convictions against him, including two for theft and one for breaking and entering. His Honor imposed a sentence of 12 months on one charge and 18 months on the other, terms to be concurrent, and prisoner was declared a habitual criminal. "You have against you fourteen convictions, twelve being for dishonesty," remarked tbe Judge to Richard Hacket, alias W. J. Miller, convicted of false pretences—three charges. However, he would not pass a heavy sentence. Prisoner was at present serving a term, and would be sentenced to two years, concurrent with his present sentence, which would mean another year, and he would be declared- a habitual criminal. "I AM SATISFIED." William Patricl. Urophy, the young man who was sueltered _v a Howick oiu. age pensioner ana got away with _1. iioiu a drawer, made a plea lor leniency. When the charge was heard, accused denied his guilt, and his Honor too_ occasion to say he believed prisoner had committed deliberate and corrupt perjury. In response to tie query whether he had anything to say, prisoner replied by apologising to his Honor for having said anything in his excitement to cause offence. His Honor: You did not offend mc. What you did was to go into the box and commit gross perjury. Prisoner: It was the first time I was charged before a judge and jury, and was excited. His Honor: That is no excuse for telling -untruths in this court. Prisoner: I want to point out, too, your Honor, that I fought in South Africa under General Methuen, and His Honor: You should be punished more for that. You having served your country you should not bring it up here in palliation of an offence for theft and perjury. Prisoner: There was something funny about the note. His Honor: There was something very \ funny about it! It had a date on it making it impossible for your statements - to be true. "Well, your Honor," persisted prisoner. "will you take into consideration the fact that I served in the South African i war nnd was wounded, so that any drink I take now affects mc considerably. , Since I came to this country I have worked honestly. I have fallen once . before, but will not always be like this, and promise to lead a sober and honest . life." His Honor said that he would not , clirect the police to prosecute for per- , jury, but he could not overlook in . passing sentence the fact that perjury . had been committed. Had not prisoner ; sworn falsely the sentence to be imposed would probably not have been so severe. Prisoner was sent to _noI for two years. the sentence to be concurrent with one of eighteen months now being served. "I am satisfied, your Honor." declared prisoner, just before leavinsr the dock. • ' _ am very dad you are." was his Honor's good humoured rejoinder. CRIME AT MO ___. ALBERT. A young fellow of bright appearance, , Thomas Goulton, found guilty of break- , ing and entering and theft at Mount Albert, was sent to gaol for IS months . with hard labour. Prisoner had one [ previous conviction, but his Honor said . he took into consideration the fact that he was at that time under 21 years of • a - e g- ; "A BEASTLY THING." John Herman Collins, a man bordering on the thirties, oi melancholy bearing, received the protection of his Honor in connection with a charge of indecent assault on a male at Auckland, to which he had pleaded guilty in the lower Court. His Flonor remarked that the evidence in the case did not show that prisoner . was guilty of the offence to which he had pleaded guilty, but guilty only of an indecent act with two boys. That sort , of thing, his Honor remarked, was very , bad, but was no doubt due to prisoner drinking and to his being under the mii tluence of liquor at the time. Such be- ; ! haviour could not- be permitted. Had ; prisoner been guilty of the more serious I offence he would have rendered himself ! liable to imprisonment with a .flogging. , "As prisoner is not represented by counsel, it is my duty to protect him," said his Honor, "and though what he did was a beastly thing, he was not guilty of the offence to which he had pleaded guilty." A sentence of nine months' imprisonment was imposed. A DRINK VICTIM. Thomas Finnigan, convicted of breaking and entering and theft, threw hiiu- . ! seff on the mercy of the Court and reI ceived a sentence of six months with hard labour. His Honor remarked that the offence appeared to be more the result of a drinking debauch than an outburst of crime. A FOOLISH CAREER. John James Ross, up on two charges of theft, was reminded by the Judge i that he was liable to be declared an habitual criminal. His Honor did not know what young people were thinking about. They could not expect any happiness in and out of gaol, in and out of gaol. A criminal might in some cases have intellectual ability, but he was always a fool. A sentence of 12 months was imposed.

——_^__^_——————i——___—__._______—■■_■ mmmm A DEGENERATE. A young man named John Munro Wrack,-convicted of- indecent assault at Whangarei, was sentenced to fifteen months' imprisonment at Invercargill, his Honor remarking that prisoner really wanted hospital treatment from the facta that had come out in the case. GIVEN A CHANCE. Frank Stokes (theft of a cheque) committed his offence in 1907. His Honor mentioned that drink was apparently the cause of prisoner's downfall. He would be given a chance. He would not be sentenced on the charge. It would be held over his head, and iS he behaved well, nothing more would be heard of it, but if he lapsed, ho could be brought up and sentenced at any time. BLAMED POVERTY. "If I had not been so hard up, I would never have thought of doing anything of the kind," said Alouis Za.wada, a diminutive foreigner, before tile Court for a theft from a dwelling at Morrinsville (two charges). Unfortunately, said his Honor, the prisoner had been before the Court twice previously. Considering prisoner's youth a sentence of six months on each charge would meet the ease. ESCAPE PSOM SERIOUS CHARGE. The charges of breaking, entering and theft preferred against Edward John Roberts, involving the theft in broad daylight of jewellery valued at #850 from the residence of Dr. Parkes, in Symonds-street, on June Sth, besides from Miss Wrigley's bouse in Picton-road on June 7th, were continued yesterday afternoon. The accused, in his evidence, stated that he did not leave Ms house on either June 7th or Sth. On June 14th -he went out to look for work, and failing to get a job went through the Domain, and looking for a place to rest happened on the small articles of jewellery, which he subsequently disposed of at the shops of second-hand dealers. Questioned about a previous conviction for false pretences, accused broke down, but recovered after a few minutes. Cross-examined by Mr. Tole, accused said he did not think of handing up the goods when found, as they appeared to be of such trumpery nature, and he admitted that he told the second-hand dealer a lie in saying the articles were the property of his wife. "One has to say something on such an occasion," said accused, "and it was necessary for mc to tell a lie." The Chief Justice directed attention xo the salient features of the prosecution, and reviewed the evidence adduced, remarking that if there was not sufficient evidence to convict accused with the crime, there remained -the question: Did he act honestly in disposing of the - property alleged to have been found? To convert such property amounted to petty larceny. After a retirement of 2i hours, the jury brought in a verdict acquitting accused of the major charges, and finding him guilty of petty theft. Sentence wa3 deferred. EMBEZZLEMENT AND EALSS PRETENCES. A young man of good address, George M. Foster, formerly manager of an insurance company in Auckland, pleaded not guilty to an indictment charging him with the embezzlement of £45, in two separate sums of £22 10/ each, between July 4th and 7th of this year. Accused conducted his own defence. The prosecution alleged that accused, as canvasser for the International Investment Company, sold two combination bonds, each £22 10/, at Rotorua abouS the dates mentioned, and -had failed- to account for the money. It was part of bis duty to report business from day to day and to pay in accounts. This was done satisfactorily for two months, - but there was . _ default in July. William Noton, manager for the company, stated that tha orders for the two bonds in question bad never been listed, and the money never received by him. Accused pleaded that he had used the mone}- in order to extend the business for which he was canvassing. He was found guilty, and admitted a further charge of obtaining £3 by false pretences at Taumarunui. Sentence was d. ferred. GUM STORE ENTERED. A. second trial of the charge of breaking and entering, with intent to commit a crime, preferred against a young half-caste Maori named John Denny, alias ' Uru, was heard this morning. Accused conducted his own defence. A gum store at Kumeu was broken into on the night of June 2nd, and a man named Roberts, who was employed to watch the premises, identified the accused as one of two men who decamped when it was made known to them tha. they were,seen. Accused read a fairly long statement., in which he critically analysed the evidence for the prosecution, and as the sole question for consideration was one of identification, he urged the improbability of Roberts being able, on a dark night,- from distances varying between nineteen and one hundred and fifty yards, to pick out accused as one of the men he saw. After a short retirement, the jury brought in a verdict of "not guilty." Addressing accused, his Honor remarked: "Well, prisoner, I would advise you, if you want to do right in the future, not to go to Kumeu at nights. As you know, there are something like thirteen convictions against you for this class of offence. You are discharged."