SENTENCES.

Auckland Star, Volume LXVI, Issue 261, 4 November 1935, Page 9

SENTENCES.

AUCKLAND CRIME. eleven prisoners. PROBATION FOR SOME. BURGLAR'S LONG TERM. Sentences ranging from three years' hard labour down to probation were imposed on eleven prisoners who appeared before Mr. Justice Callan in the Supreme Court this morning. They had pleaded guilty to or had been found „ u ilty by juries of a variety of offences. Probation for two years with the special condition that she pay by instalments the cost of the prosecution and that she make restitution of £5 was to Veronica Pope, aged 24, who was found guilty last week on two charges, one of stealing a ring valued at £50° and a second of stealing £5 following a scheme to ransom the ring.

"It has been a great shock to herself and to her parents," said Mr. J. J. Sullivan, who defended the prisoner. Counsel referred to the fact that the jury had made a strong recommendation to mercy. He mentioned that they had taken over four hours to arrive at their decision. He was certain that the girl would never again appear in Court. She was to be married this month and lie asked that she be admitted to probation.

"I have given this case careful consideration and I have arrived unhesitatingly at the decision that this is a case for probation," said his Honor. "I did not know before that she intended to get married." An order that the ring be returned to the owner was made. SHIP STEWARD'S OFFENCE. "This man is not a criminal in the ordinary sense in which the word is used," said Mr. A. H. Johnstone, K.C., in pleading for Eric Marshall Walden, who admitted indecently assaulting a male. "He is of good parentage, good education, and except for his sex irregularities he seems to be a man of good character. He was in the teaching profession, but resigned, and at the time of the present offence was employed as a steward on an intercolonial steamer. I have made inquiries and these show him to be abnormally constituted." Counsel 6aid that to send the accused to prison was not likely to produce any beneficial result. Accused had some money and would leave the country if given the opportunity. |

His Honor said he was unable to take the view that the case could be dealt with properly other than by imposing a term of imprisonment. "The suggestion that he has a bit of money and would leave New Zealand does not appeal to me at all," said his Honor, "it is not for us to make facilities for sending such men to other countries. He will be sentenced to 18 months' imprisonment with hard labour. THREE YEARS' HARD LABOUR. On five charges of breaking and entering, four of theft, one of receiving and one of being a rogue and . vagabond, Charles Richard George Ross, aged 36, was sentenced to a total of three years' hard labour. "I cannot shut my eyes to the number and the gravity of the offences," said his counsel, Mr. W. Noble. "It appears to me that foolish vanity is his main trouble. He seems to think that he can commit these offences and not be detected. However, he seems to be very repentent and he now lias a lesser opinion of his cunning and his ability to do these things. If it is at all possible, I would ask you to treat him leniently." His Honor: The sentences, which are to be concurrent, will be: Receiving, two years; breaking and entering, three years; theft, one year; rogue and vagabond, six months. DANGER TO SMALL GIRLS. Said by his Honor to be suffering from something that made him a danger to small girls, Mervyn George Piddock, a young man, was sentenced to 18 months' hard labour, having been found guilty of indecently assaulting a girl under the age ef 16 years. "This is a case where a young man character, with the exception of this incident, can be unequivocally recommended," said Mr. R. A. Singer on prisoner's behalf. Counsel produced letters from those who had associated with prisoner and they indicated, said counsel,_ that Piddock had the highest reputation as a decent living young man.

MOTOR CAR DESTROYED. Three young men, Justin George Walker, Alfred Hedges and Mervyn Cecil Watson, were admitted to probation for two years on a charge of wilfully destroying a motor car. Mr. H. J. Butler, instructed by Mr. J.A Stubbs, said Walker was 22 years old. At the age of 14 he had lost the advice and guidance of a father. Twelve months ago he inherited £800 from his father's estate. He had bought a car and had then borrowed £50 on the car to start in business. The business failed, the moneylender pressed for his money, which was lent at 40 per cent for three months, he could not sell his car and he hit upon the idea of destroyinf, *' le insurance money. The net result is that he has lost the car and has had to pay the moneylender," said Mr. Butler. "He is a young man of courage and resource. Although he was only 14 years of age, he attempted to rescue his father who was drowned, and for that he was given the Royal Humane Society's award. On another occasion he jumped into the Auckland Harbour from a ferry boat to j'esoua a woman who had fallen overboard. I suggest, sir, that it is a case for probation.''

Mr. Clayton Green, of Hamilton, who appeared for the two other 'prisoners, S aii that up till now they had been hard-working, honest and trustworthy. Their employer was prepared to retain them and was in Court to give evidence '"n their behalf if necessary. Prisoners "ad looked upon the matter as an escapade. They were imbued with the spirit of adventure. They had been promised £10, but they had received a "heque for £5, which they burned when realised what they had done. Counsel was certain they had no criminal tendencies.

"There was a distinct element of serious dishonesty," said his Honor, "but I ™ satisfied that not one of them is really a danger to the community. Hedges and Watson have taken part in in extremely foolish business, but they have all had a verv severe lesson."

Two years' probation was granted to 'he three prisoners, with a special condition that they pay the costs of the prosecution between them.

FALSE PRETENCES. I "Prisoner is still convinced that there lias been some mistake," said counsel, who appeared for John Edward Fitzgerald, aged 53, found guilty on a charge that, with intent to defraud, he obtained money by means, of a false pretence. Counsel said prisoner was a married man with twelve children, five of whom were under 16 years of age. For 20 years he had been a member of the Wellington City Council, the Harbour Board and the Education Board, and it was due to the fact that he held these public offices over a period of years that he found himself in financial difficulties. "Eleven years ago he was sentenced to five months' imprisonment on a charge of receiving. After he had served his sentence he was met by a number of well-known Wellington citizens, including a man who is now a Judge of the Supreme Court, and given £200 to start afresh. Ido urge that leniency be granted."

"I do not share the doubt about the verdict that the prisoner has," said his Honor. "It is not a case for probation, but it is not a case for a long sentence. He will be sentenced to four months' hard labour."

MAORIS AND MAID. On behalf of Edward Hawke (18), lan Talbot (18) and Raymond Talbot (22), three Maoris who had been found guilty of unlawfully carnally knowing a girl of 12 years, Mr. Sullivan emphasised the strong recommendation to mercy which was made by the jury, also the fact brought out in evidence that the girl was a consenting party, and counsel asked that the accused be granted probation. His Honor said it was not usual for a request for probation in the class of offence under review to be successful. He thought he knew what the jury had in mind when they made the recommendation to mercy. He was satisfied that the three young men were in no way a menace to young girls. It was a terrible story, but the girl had suffered no injury by the accused, but had suffered the injury prior to the offences being committed by them. All three would be admitted to two years' probation, a condition being that each pay one-third of the costs of the prosecution.