PENALTY OF CRIME.

Auckland Star, Volume LVII, Issue 135, 9 June 1926, Page 7

PENALTY OF CRIME.

SEVEN PRISONERS SENTENCED FIVE YEARS FOR MAORI. "A SYSTEMATIC SWINDLE." A number of prisoners came before Mr. Justice Stringer in the Supreme Court this morning for sentence. REFORMING HIS WIFE. The defence that he had forged a cheque to get money to find his wife and reform her was raised by counsel for Albert Edgar Stout, who had pleaded guilty to forgery uhree charges) at Taumarunui. Mr. Cahill. instructed by Mr. J. J. Sullivan, said the accused was married last year. He had previously been convicted of theft and breaking his probation order, but after his marriage he had hopes of settling down and going straight. Unfortunately for him his wife was' addicted to drink, and her intemperate habits had caused him to pay several fines for her. She was now on an island. After a great deal of trouble with his wife he lost his position and she left him. He followed her all over New Zealand and to get the money to pay the fares he forged a cheque of his father's. He got into trouble in Wanganui. and counsel suggested that tliis trouble with his wife had caused him to commit the offence. His Honor said that if it had been the accused's first offence there might be some plausibility in his story. As it was he was sceptical. The accused had been placed on probation in 1921 and from then until 1923 had been in gaol for various terms. It was impossible, under the circumstances, to treat him as anything less than a man of criminal instincts, and in fact he was qualified for an habitual criminal. He would be sentenced to imprisonment for two years, to commence at the expiration of his present sentence. "A DELIBERATE OFFENCE." Stanley Hale Cawte, who gained notoriety when he stole a motor car and went to Wellington with an Auckland girl, appeared for sentence on six charges of theft.

Mr. Glaister, for the accused, made a strong plea for probation. He said that two years ago the accused was a country boy. He came to town about ten months ago and the charge, combined with the temptation of his surroundings, was too much for him. The youth was placed in charge of thousands of pounds, and there had been no check, placed on him in the buying of motor cars. His Honor: He did not buy the ear, he stole it. Over what period did these thefts of over £400 take place? Mr. Glaister: About four months, sir. His Honor: It is systematic plundering on his part. Mr. Glaister asked that the accused be treated as having yielded to the temptation of pilfering a petty cash box. A friend had agreed to go guarantor to the extent of £1000 for his good behaviour. Counse suggested that it was a. case for probation. He would suggest that the crime was suggested by another man who had to teach the accused. His Honor: He was an apt pupil. Mr Meredith saM it was not a case of h-andlinsr petty cash. It was the same kind of swindle that was worked in C'hristchurch some time ago. It was not a question of sudden temptation, but a deliberate and serious offence. The amounts were large, and such a case could not be passed over lightly. His Honor said it was the case of a man in a position of trust who had systematically violated that trust by robbing his employer. In such a case probation was entirely out of the question. It would reduce the probation system to farce if he were to grant it in such cases. He regretted that he had to pass sentence on a young man who apparently had a great deal of ability. He would be sentenced to reformative detention for a period or" three years. "THESE FOOLISH PEOPLE." Eobert Barker, who was not represented, appeared for sentence on a charge of false pretences and forgery at Morrinsville. The accused handed in a statement. His Honor said the accused had stated that he was not sober at the time he committed the offence. That could not be accepted.

"This is another incidence." said His Honor, ''of the facility with which a man can cash a cheque. People do these foolish things, and not only lose their money, which i≤ something to be thankful for. but put a premium on such offences.' . His Honor decided that as the accused had not been in trouble for 1-3 years. that Jie would be treated as a first offender. Sentence of six months' imprisonment with hard labour was imposed. A GRAVE OFFENCE. When Peretahi Iti appeared for sentence on a charge of rape at Horahora. he did so with a 'brightly ojloured -cart about his neck, and a wkite flower in his bouonhole. The warder removed the flower, and Iti had nothing to say. Hi* Honor said that if the accused had been a European lie would impose a heavier sentence that that which ];»■ intended to give the acensed. He wouil al-o consider a flogging. A- it wu». however, he would rake a more lenient view. The accused would be sentenced tv imprisonment with hard lauour for live year?. PRISONER DISCHARGED. Having pleaded guilty to bigamy committed in 1910. Arthur Julius Theodore v\ inter BraiKtead appeared for sentence Mr. Cahill, for the accused, said that after his first mar.iage the accused lived with his wife foi five weeks, and then she disappeared, and did not come on the scene until she gave evidence in the lower Court. It was in 1922 while he was living with his second wife that he was sent to gaol. His Honor said that as the accueed had served four and a-half years in gaol, and as the offence had been committed in 1919, he did not feel disposed to send the accused to gaol a fain It would be boardering on cruelty to do so. Under the circumstance- he would be discharged.

A POSITION OF TRUST

Forgery \ras the offence to which John Ewart pleaded guilty. Mr. Allan Moody appeared for the accused, and made an appeal for leniency. The accused, lie said, was 23 years of age. and was transferred to Papakura laet year. He suffered from bad health, and became worriedIt was while in that state that_ ne foolishly forged a cheque. He was tend of and w« s rather extravagant with hi» After forging *c chf£e he wet to SjtßV, »v* wm •"••ted there

and sent to gaol. He was suffering from consumption, and was in no sense a criminal. In view of his youth, he would ask for leniency. Mr. Meredith said tlve actual loss had been £1-0.

His Honor said that if he could see his way clear he would gladly give the accused the benefit of probation. The difficulty, however, was that the accused held, a position of trust, was in receipt of a substantial salary, and pressed by no necessity he deliberately appropriated a sum of money. He would consider the case, and adjourned it until iiext. REFORMATIVE DETENTION' Because he was out of work and owed money to hie sweetheart's mother for board, Thomas Dennis forged a cheque, and with the £10 he received paid his debts. The accused appeared for sentence.

Mr. Cahill. instructed by Mr. J. J. Sullivan, said the accused was 23 years of age. He had been out of work for some weeks, and because he did not lika living on other people, he got into touch with a man who told him how To get money. Counsel suggested that tha accused was able to obtain the money only with the help of this other man, as *he himself had no knowledge of cheques.

His Honor said the accused had been, fined for dangerous driving, txis record fine for dangerous driving. His record had not been at all satisfactory. He was not prepared to grant probation in this case. The accused would be sentenced to reformative detention for two year?. Hi? Honor added that he would recommend the Prisons Board that if the accused behaved himself he should be allowed out on license.