LAW REPORTS.

Dominion, Volume 1, Issue 52, 25 November 1907, Page 5

LAW REPORTS.

SUPREME COURT,

.. :■. .THEFT OF MONEY. . ... ■ PRISONER, GRANTED' PROBATION. ' . Tho Court resumed its criminal sittings on Saturday moniihg, His Honour Mr. justice'C'oopor taking hjs seat at 10 o'clock. ' .Daniel Desmond O'Brien, a young man, who on Tuesday admitted having stolen 30b., tho moneys of one Jacob S6ronsen, of Danncvirko, was set forward. ■ Mr. Neave asked that the prisoner, wnoso trouble was drink, be admitted to probation. His Honour: This is'a case in which I may grant probation. As a rule; whero the charge is stealing from the person tho offender: is sejit to prison.- It-is,■ however, very probable that tho explanation givW by prisoner in this case; is correct. /'The two 'men had oeen drinking together, and prosecutor gave his, money and watch to prisoner to look after becauso he was less drunk. Subsequently, whilst under the liquor, prisoner appropriated' a portion of the money. . aC is nota case of deliberate theft by a sober'.man frorria drunke'n one. Tho Probation .Officer's report is favourable, and prisoner's situation is-still open to him. Prisoner will be .admitted to probation for two years on tho following conditions:—(l) That he refrains from drink and koe'ps away from hotels, and (2) that ho pays-to prosecutor-within one month the amount which ho has admitted stealing froia him; and also pays in two equal instalments at intervals of three months the costsof tho prosecution. •", ' •' ■ Addressing prisoner, His Honour said:—l warn j'ou that if you give way to .drink during tho term of, yoiir. probation, you will be brought up for sentence on the present charge and sent to prison. I don't believe that you hare dishonest tendencies, but, as the crime was ■ committed ; whilst you were nnder the influence of,liquor must impose the'h'rst-inentioned condition; in order 1b prevent a .repetition. .-.

. ',' WOUNDING AN INFANT. : , , "CHILDREN MUST BE PROTECTED." !• \V MONTHS' GAOL; 'Edward Murtagh, ; a jockey, who had on the •revious day boen found:'guilty on charges-ot having : severely wounded an : infant' with a razor and of haying assaulted its mother, was Bet'forward.' ' ' ' ' ' y ' ". Mr., Herdman, ..counsel ■ for the prisoner, was permitted to call' evidence as to character. .■; •. ■ ■ Mr.. 7 C.'E..Major, :M.H.R., deposed that he hadknpwn prisoner since he was ,i child, and had employed-him to look after horses, to which prisoner '.was particularly kind. Witness ;could not conceive of him committing tlie crime.of which ho had been found guilty. ' Mr.. W. Symes, M.H.R., gave evidence that he,- had' known prisoner for ten or . twelve and had;, nover heard of him perpetrating an .act of cruelty. . ■: ■ > Mr. Herdman'mentioned that Mr. W. I'. Wood, M.H.R.J who had also intended giving evidence as to character, was unavoidably absent. Hitherto, K prisoner, who was only twenty-one years old, ; had bpriie an oxcellent character. It was' impossible for the police or anybody. elsV to suggest that Jie had ever done wrong previously. When prisoner took up'with tho woman he made a false step, and when he intimated to her that; hejwished to free himself alKthc trouble began*' If "prisoner committed" the berime, he . must.'h'dve done~ so .on the .'impulse of the .moment. '.Counsel trusted that the Court- . would temper justice, with mercy.. ' : His Honour: In this case, the question for | . the ;..was whether-they' should believe thevevidence of the prisoner or that of < tho woman. Having regard to the whole of the circumstances it is impossiblq .to say that the jury'were.not justified in,finding prisoner guilty.;; The matter was.peculiarly-one for.the jury, and they preferred the evidence_of the prosecutrix. and .the* surrounding circumstances as corroborative rather than the eyidprice given'. by the prisoner. It is,' in. my. opinidn,Vquite. cleaf ? that either, the, pnsoner'.or .the'woman" committed the criiric,,and it is.imppssiblc to. say that there ■was' : whic}i entirely'justified the jury"--ih""nnding.;priisoner.,;gu'ilty.' .Tho question as.to what sentence "I "should -pass- has given me-a/great deal of. anxiety. It is truethat the prisoner is on the threshold of life, and it would appear that ho had borne a good .character. :'There is, however, the fact that he, severely, wounded tho child, of which he, is ; ..tlie:putative father. Infants must be. protected. Whilst. I don't intend\to impose anvthing in.the nature of a.vindicativesentence:' I must: send him to prison. Thelaw looks upon'tho offence as a very serious one,,.and provides a maximum penalty of imprisonment .for life. and. a minimum, one of .any .term,which tho Court may choose- to impose. ~, I -.believe myself that.the prisoner oommitted the crime , (in a moment of anger and passion. It is clear that he woukKncvcr have.committed this -very: cruel act if. he had reflected on the .consequences.-- Whilst one , cannot help ifcoling sorry,for prisoner in the position' in-.which -ho is placed,' one has a duty to .-perform to tho community, especially; to ; see. that infants and helpless children are protected from, outrage.. It"'will never do-to.■•allow--it-tn"go forth that an act of crnelty; committed on an infant is one the _Court will overlook' with nominal punish- ■ meht. -..However, the Court has to consider the future of ■ the prisoner. I shall take into consideration prisoner's youth,' his previous good character,- and the fact that the act nins't havo been committed in a moment- ' of anger, and. passion, and I will impose a Eontonco.of eighteen months' imprisonment, which.is, I.might say, a.very light one under tho : . circumstances.-• ■ ■ ■ . ••'-..

•Addressing prisoner His Honour said: I am very'sorr'y to'havo to send a young man like you to gaol.' Judges have at times very unpleasant; duties -to perform, and this' is' one of thorn. • ■ ■■ •■■,-. . v ILLEGED BREAKING AND ENTERING 'X;:';."AND:THEFT. ; -.'■.- ;, • •STAY, OF PROCEEDINGS ENTERED. '' The.. Crown' Prosecutor intimated thaPa stay-of-, proceedings had been .entered by the Crown, with reference, to tho charge against Geo. Dunlo'p. of having, on September 14, broken,, and . ontored the'..' dwelling-house, of It: J.' James-at Utiku and stolen tho sum of 30s. the moneys of Andrew. Dillon, and 10s., .the moneys of John M'J'ie. . It; will. be \ re'mpmbered that,. on', Monday last, • William James. Webster, who war, jointly charged with Durilop, pleaded guilty .to this offence as well as. to two others. Ho was sentenced to two years' imprisonment, and was declared an habitual'criminal. His Honour Earned' Dunlop against, associating with confirmed criminals and bad characters. As Dunlop'was leaving tho Court he was arrested by Detective Broberg on a charge of having, at Taumaranui on September 2, stolen from the dwelling of Win. Hooks. ASSAULT AND ROBBERY. 'SENTENCE DEFERRED. The hearing of.the cbarses apainst William Joseph Loivo and. John Cornelius Robinson, two young men, was then resumed. Prisonors were charged with having, at Feilding, on September 23, robbed Frederick Hugh Noffke of .i.piirse and.£6 in monev, and with having used personal violenco towards him'. After hearing further evidence, His Honour, in summing up, directed the jury that, if they found Lowe .guilty, thoy could not logically' ricquit Robinson. 'The jury, who retired at 3.10 p.m., returned at 3.25 p.m: with a verdict of "guilty." ■•-•■'. -

His Honour remanded the prisoners until 10.30 this morning, at which hour tho Court Trill resume'.-. ■ • : ' '