PRISONERS SENTENCED.

Auckland Star, Volume LX, Issue 41, 18 February 1929, Page 8

PRISONERS SENTENCED.

FIVE CASES DEALT WITH. "LAMENTABLY COMMON" OFFENCES. TWO YEAL'S FOH WAREHOUSE BREAKER. Five prisoners wore sentenced in the Supreme Court l>y his Honor 31 r. Justice Blair this morning. "J appear more for the family tlian for tlu> hoy himself, and with the idea of fretting a sentence that will help hint in hi- reformation." said Mr. Newbury on behalf of Hay (iordon Capel, aped 17, wlio was found guilty of breaking and entering at Utahiihu. "When the prisoner was three years old he fell on his head and since then he has been almost uncontrollable. He should be put under some form of eontrol that would help to reform him. If he is. sent to the Borstal he will have to associate with the other two boys with whom he was concerned." Capel was sentenced to two years' detention in the Borstal Institution.

TWO YEARS FOR INDECENT ASSAULT.

Found guilty on a charge of indecent assault on a boy of fifteen years, Edward Charles Sadler (44) was * sentenced to two years' hard labour.

Mr. F. W. Schramm, who represented the prisoner, said that under the circumstances he would ask his Honor to impose a term of reformative detention so that Sadler could enjoy the benefits of outdoor life. He would then perhaps be able to pull himself together. His Honor: How old is this man?, Mr. Schramm: Forty-four, sir. His Honor: He should have reached years of discretion. I don't think it is a case in which I can give reformative detention. I feel very sorry for this man. He is probably suffering from some weakness, but crimes of this kind are becoming lamentably common. The sentence of th e Court is that you will serve two years' imprisonment with hard labour. TWELVE MONTHS FOR RECEIVING. "You have been found guilty of receiving and not guiltv of breaking, entering and tfieft. I think the ends of justice will be met if I sentence you to 12 months' imprisonment with hard labour," said his Honor in the case of James Antona Wallingford Fleming. Mr. Reid, who represented the prisoner, said that Fleming had just been married. Whatever punishment was given would fall also on his wife. "1 suggest a short, sharp term, so that the young wif e will be able to see him, and so that thev will be able to make their plans to co to Canada, where the prisoner lives'" said Mr. Reid.

Hjs Honor: Your point is that when he was convicted he was a single man but now he is married. That does not make any difference as far as 1 am concerned.

To the prisoner, his Honor said- I don t propose to do as I could do, but I warn you not to come before the Court •gam. Having taken on further responsibilities, perhaps you will lead a dinerent life.

RECKLESS WHEN IN DRINK. "You want time to get the craving for drink out of your system, and also the craving for other people's property," said ii H ° nor ' when Christian and McDonald, the two men concerned with the theft of suit-lengths from a factory, came before him.

"Christian's mother has been to see me, and she said that whenever he has drink he becomes reckless and associates with people who are hardly desirable," said Mr. Mackay, who appeared for Bertie John Christian, aged 27, found guilty of breaking and entering. His Honor: Where was the drink when he broke into Sargood's? Mr. Mackay: There were some empty beer bottles found on the premises, and it showed that it was not the work of experts, but rather of drunken ruffians. He has been out of work for some time, and I suggest that a short sentence will have the effect of making him go straight in the future.

Mr. Newbury, who represented McDonald, said that he was a married man with a family of young children. Whatever sentence was passed would fall heavily not only on the prisoner, but also on the family. His Honor (to McDonald): There are a number of convictions against you involving dishonesty. The police report is unsatisfactory. A man is always judged by his associates, and yours do not reflect credit upon you. I want to be as lenient as possible. You will be sentenced to reformative detention for a year.

"Thank you," said McDonald

Addressing Christian, his Honor said: "You have been found guilty on four counts, and you will be sentenced to two years' imprisonment."