PRISONERS SENTENCED.

Auckland Star, Volume LXIII, Issue 264, 7 November 1932, Page 5

PRISONERS SENTENCED.

BREAKING AND ENTERING. " ALIAS JACKIE COOGAN." YOUNG MAN IMPRISONED. A number of prisoners appeared for sentence before Mr. Justice Smith at the Supreme Court to-day. James Porter, who had pleaded guilty to breaking and entering a dwelling house and theft was stated by his counsel (Mr. Noble) to have appeared before Mr. Justice Herdman last week, when he was sentenced to reformative detention for a period not exceeding two years on a charge of breaking ' and entering and theft from a bach at Ta'kapuna. Counsel now asked his Honor to take this sentence into consideration. Although he had several previous convictions for theft he was a boy of pleasing and likeable character, and no charges other than offences against property had ever been made against him.

His Honor: Do you call him a boy? I see he is 30 years of age.

Counsel: He has worked for many years as a "boy" in a stable. He is not more than a boy in mentality.

His. Honor said it appeared, as Mr. Noble had suggested, that accused was of a pleasing and likeable mentality. One of his aliases was that of "Jackie Coogan." However, he had a bad record of theft, and previous sentences of two years' reformative detention and two years' Borstal treatment did not seem to have done him mfich good.

His Honor passed sentence of one year's imprisonment with hard labour, followed, by one year's reformative detention. "You must realise you have been treated with considerable leniency," added the judge. "Unless you mend your ways you are liable to be declared an habitual criminal."

SPECIAL PROBATION CONDITIONS

Alexander John Smith and Roy George Glennie pleaded guilty to breaking and entering a shop at To Kuiti by, night and committing theft. There was an additional charge of theft against Glennie.

Mr. Noble pleaded foj: probation for Smith, who had no previous convictions. Regarding Glennie, counsel said he appeared for the boy at Matamata in 1920, when he was in trouble over the theft of a gun.

His Honor: Another boy! I see his age is 23. Counsel said the offence at Te Kuiti was the outcome of an escapade following a dance. His Honor said he had decided to grant Smith probation, but on special and very strict conditions. It appeared that he had been, keeping doubtful company, and also had a tendency to drink. The special conditions were that during the two years of his probation he should not enter hotels, racecourses or billiard saloons, and attend only such places of amusement as were approved by the probation officer. He must also pay his half share, a sum of £19 2/10, of what was owing as restitution in a case for which another prisoner would shortly appear for sentence. Also, he must pay his half share of the prosecution costs, these payments to be made during the period of probation. Regarding Glennie, probation could not be allowed, having regard to his bad record. He would be sentenced to three months' hard labour for the theft of a camera, and a period of reformative detention not exceeding two years on the present charge. "In view of your record, this is lenient treatment," said his Honor.

UNUSUAL MATRIMONIAL CASE. "This is a most peculiar case," ■ said his Honor, commenting on a charge of making a false marriage declaration, to which Mate Sunjich, a Yugoslav, had pleaded guilty. His Honor said it was reported to him that accused was under the influence of the girl and the girl's mother. There was no charge of bigamy.

Mr. Huhble, Crown Prosecutor, said the difficulty regarding bigamy was that of proof.

Hie Honor said accused was aged 49, and had no previous conviction. He had a wife living in Yugoslavia. The girl regarding whom the declaration in the present case was concerned had been concerned in an incest case, and her father was now undergoing a term of imprisonment in connection with this. "Under all the circumstances," said the judge, "I think it proper to impose a fine. You will be fined £10, to be paid within one month, with the alternative of three months' imprisonment."

SERIOUS CASE FROM WAIHEKE. Sentence of reformative detention for a period not exceeding three years was the sentence passed upon Frederick Morrison, retired draper, of Surfdale, Waiheke Island, who had been found guilty of indecent assault on two boys. His Honor said he had taken into consideration the medical testimony eubmitted by Mr. Singer, according to which accused's conduct might have been due to some extent to physical weakness. He appeared to be a man of education, and, apart from this case, of good character.

"In regard to public interest/' said his Honor, "it is required that you shall not be allowed to corrupt youth, and punishment must be imposed. In view of the fact that you are 51, the sentence will be one of reformative detention for three years on each charge, but the sentences will be concurrent."

"STILL HOPE OF REFORMATION." "This is a case which seems to require a substantial term of imprisonment, but in view of the fact that I believe there is still hope that you may reform, I will make the sentence one of two years' reformative detention," said hie Honor to Archibald Swain, who had pleaded guilty to breaking and entering the countinghouse of the Gilmore Oil Company at Hamilton and stealing £17 3/4.

His Honor said Swain had been previously convicted of theft, forgery, theft again, and assault and mischief, his last sentence for theft being in April this year.

An outbreak of fire occurred in the washhouse of a five-roomed house owned and occupied by Mrs. E. K. Ohlms and situated at 223, Balmoral Road, at 9 o'clock this morning. The flames spread to the back sitting room and kitchen, but the Mount Eden fire brigade checked it there. The washhouse was gutted, the kitchen was damaged, and the sitting room was slightly damaged.