PLEA FROM DOCK.

Auckland Star, Volume LXV, Issue 255, 27 October 1934, Page 10

PLEA FROM DOCK.

APPEAL TO JUDGE.

HOUSEBREAKING CHARGES.

TWO BROTHERS SENTENCED

(By Telegraph. —Press Association.)

WELLINGTON, this day.

A brief but moving plea from the dock after counsel had spoken on his behalf, and when Mr: Justice Ostler was about to pass sentence upon him in the Supreme Court to-day, saved Mervyn John Cudby from being declared an habitual criminal. . With his brother Arthur, prisoner appeared for sentence on five charges of houeebreaking, to which Arthur Cudby near the end of the trial had dramatically pleaded guilty on Thursday, and on which Mervyn Cudby was found guilty by the jury.

This morning each pleaded guilty to four other charges of housebreaking and to a charge of having been found unlawfully in possession of housebreaking instruments.

The Crown Prosecutor pointed out that there were 24 convictions against Mervyn Cudby in 19 years.

The judge referred to llio fact that there had been an epidemic of housebreaking, in Wellington, that it had ceased immediately on the arrest of the prisoners, and that the police had prepared evidence in i>o cases against them. He said Mervyn Cudby had made up his mind to live by preying on society instead of working, and apparently for that purpose he had recently purchased a car to use as a tool in his trade of housebreaking. He did not like to declare a man an habitual criminal, and ho always hesitated to do so. In the ten years he had been a judge he had only done it on two occasions. Ic seemed to him that he would be failing in his duty to the- public if he failed to declare * Mervyn Cudby an. habitual criminal.

At this point Mervyn Cudby appealed to his Honor not to declare him an habitual criminal this time, but to give him one last chance. In reply to his Honor he said if given a chance ho would make up his mind to give lip crime when he had finished his sentence. The- judge said he would give him a chance, although' he was not sure he was not failing in his duty to the public.

Mervyn Cudby was sentenced to reformative detention for a period not exceeding foun years, and Arthur Cudby was sentenced to reformative detention for a period not exceeding three years.

George Paul Zaokey, who had been found guilty on five charges of obtaining £05 by false pretences, was sentenced to nine months' hard labour.