THE COURTS.

Press, Volume LXI, Issue 18551, 28 November 1925, Page 9

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Adams.) PRISONERS SENTENCED. David Swift appeared for sentence on two counts of breaking and entering with intent to commit a crime. His Honour naked ii the lad were granted probation whether hi 3 parents would be able to control him. The Rev. F. Rule, Probation Officer, said tne prisoner's mother would look after him ?r t,' 10 secMe d a position in the country. Mr Rule urged that the lad be given a chance because of his youth. His Honour admitted Swift to four ream' probation, remarking that he would" be wider tho control of the Probation Officer during that time. He imposed a special condition that if Swift were required by the Probation Officer to attend evening classes he must do so, and also pive weekly accounts of his earnings. Swift was to keep away from all places of amusement as the Probation Officer indicated. PROBATION GRANTED. Cyril Claud! Austin Bernard, aged 17 yeans, appeared for sentence on a charge of stealing a postal packet. The prisoner committed the theft when he was employed by tho Railway Department. On the recommendation of the Probation Officer Bernard was admitted to probation lor a period of three years, and was ordered l to pay the costs of th* prosecution, £5 Ss 4d.

A DIFFICULT CASE. ! Ivan William Coates,' who appeared for sentence on three counts of breaking, entering, and theft, burst into tears as soon a* he entered the bos. The Crown Prosecutor (Mr A. T. Donnelly) said that Coates was already on probation, but the Probation Officer did not report very favourably on him. Ho had said that the lad was difficult to control, and that it wis difficult to do anything with him. Hl3 Honour remarked that Coates had* appeared in May on eight charges of theft Mr Donnelly: Mr Rule does not think he can do anything with the ladL His Honour: It seems a case for reformative treatment. Ho asked the Rev. Frank Rule if there wa.3 any chance of the boy reforming. Mr Rule said ho did not think eo. Every opportunity which tho boy got he seemed to take to do dishonest things. He had not been long 1 at a situation in the country, whero he was placed because it was thought that he might reform, before he took the first opportunity to steal again. His Honour sentenced Coates to bo detained for reformative treatment in the Borstal Institute for a period not exceeding three- yeara. BREAKING PRISON. Charles Henry Augustus Jones was sentenced for escaping from prison, breaking and entering by day and committing theft (seven charges), and) breaking und entering with intent to commit a crime. Mr F. S. Wilding, who appeared for the prisoner, said that since he had been in gaol he had not seen his wife 1 . While putting up a netting fence he saw an opportunity to escape and took it. His reason for escaping seemed to bo that he wanted to see his wife. When he was only 14J years of age the prisoner went to the war, and ho also served for two years in Ireland, and later was at sea. Counsel asked that whatever sentence was imposed should not be made to extend the sentence Jones was serving at present. The prisoner, who had indicated that he wanted to address his Honour, said that when he got out of prison ho tried! to get out of the country without stealing. He went to the West Coast, and on tho journey undorwent many hardships. Ho had to sleep out at nights, and was four days without food He had to get across the Waimakariri and mountain streams, and he was but a poor swimmer. He had had) a hard time, and had to come back to Christchurch, where he could not get into touch with friends.

"The reason I broke into eight houses," he declared, "was that in the first and second' and third houses there was no money. Had' I found money in the first on«B I would not have gone to the others. I didn't find 13s in the whole o1 the eight houses I did break into!" Jones concluded with a plea for leniency, and stated his intention of leaving the countiy "straight away" after he was released from prison. , He -was sentenced to three months' imprisonment for escaping from prison, and to six months' imprisonment on the other charges. "This sentence will be served, and will leave untouched tho sentence of three years' reformative detention," said his Honour. MAGISTERIAL. FRIDAY. (Before Mr H. A. Young, S.M.) DRUNKENNESS. A first offender was convicted and fined 20s. Timothy Riordan, labourer, aged 85, was remanded till December 4th on a charge of helpless drunkenness. POLICE BY-LAW CASES. The following by-law owes were brought by the police: — - Charged with having cycled at night •without a light, Wilfred Leslie Dulieu was fined 20s. Leaving a motor-car unattended cost Norman L. Roid a 10s penalty, and! a similar fine was inflicted on tiim for having allowed the vehicle to stand without lights. Cycling on a footpath cost Henry Fretwell Lavender and Edwin Rutledge a fine of 20s each- ;■ . On a. charge of havine motored at night without a rear light, Chas. B. Dent was fined 20s andl costs. For having motored' at night without lights, Albert Ceo. Aldridge was fined 10s. (Before Messrs P. L. Davies and J. H. Seager, J.P.'s.) THEFT OF GOODS. Described as a South African, Graham Pitcaithly, clerk, aged 22, Chxistrihurch, pleaded guilty to a charge of having broken and entered) the warehouse of Butterworth Bros., Lichfijsld street, by day, and stolen fur coats, silken underwear, jumpers, collars, pyjamas, trousers, handkerchiefs, women's stockings, garters, suit-cases, and sundry articles of clothing, of a total value of £l3O. He also admitted a further charge of having broken and entered) the Kaiapoi Manufacturing Co. by day obN* vember 2nd, and- stolen £24 wortii of goods. Pitcaithly gained entrance to Butterworth s warehouse on Labour Day through the second storey window. Previously he had cleaned the same window for a window, cleaning firm, which had been engaged tj the warehouse people. He had entered the Kaiapoi warehouse on four different occasions. Each time he had been very open in his actions. With his hat and coat off he carried two kerosene cases into the building and later came out with the cases filled with goods, covering which were old dusters. .... _.. After breaking into, the buildings, Pitr caithly went to Wellington where he was arrested by Detective Hunt and brought back to Christchurch. Accused was committed to the bupreme Court for 6enten.ee.

(Before Mr H. P. Lawry, SJI.) POWER BOABD RATE. The Wairewa County Council (Mr- Geo. Harper) eued Gordon Kdwaxd Murray, sheep-farmer (Long Bay, Little River) (Mr McCarthy), for £3 13s 9d, a uniform rate due to the Banks Peninsula Power - Board. The Court was addressed by Mr Harper on the question of tbo plaintiffs right to rate. "It has been said in New Zealand, saiG • Mr McCarthy, "that electric po-irer has been 1 carried, irrespective of expense, into the remote distriota of the Dominion." The defendant occupied a> piece of land in an outlandish, district, and it would cost him £6O or £9O a year in interest to have the power brought on to hia property, and then there would be the rate and charge for supplying the light. He referred to the matter in that way to show the necessity of the clauses in the Statute being interpreted in the light of the cdrcumstanoee surrounding those people in ouUjing a»tricts. . .^ Mr Harper said the question was not raised unta the rates were about to be oollected from defendant. His Worship gaive judgment for the plaintiff -with, leav£ to appeal to defendtat. DEFENCE CASES. For failing to attend drill, 'C. C. Babington -was fined 1Q&. L, C. Ballantyne £3, E. T. Egan 20b, B. O. Brans £2, C. Granger costs, S. E. Haffenedene 6s, L. W. G. Haitiday 6s, H. G. Henwood costa, L- W. Hobby 65,. H. P. Hodgson £6, T. B. Jackson 20s, W. A. Lagan £2, B. T. Murphy costs, G. C. Nixon 6a, F. J. Parry £5, J. E. Pitcher ss. On charges of failing to register M. G. Kennedy -was ordered to pay costs, C E, Southerwood was fined 10s, E. B. Tnwin ss, C. E. a. Wright Ss.