SUPREME COURT.

Dominion, Volume 3, Issue 591, 20 August 1909, Page 9

SUPREME COURT.

WELLINGTON QUARTER SESSIONS

ABERRATIONS, ; AND "FIXED, IDEAS."

JUDGE'S LETTERS TO ■THE MINISTER,

;. '■ Thp[lad, Albert Charles )Vcirigotf J. who was found-, guilty on .Wednesday: of tlio theft -ot a hofsb, saddle,, and bridle, hired;from John Vinccilt Dyke, - was brought;'before his Honoiif. Mr. Justice Chapman yesterday morning for jsenteneo. \ ■■■'■- :"•

.' MriljS.-." Singer. (Auckland) traversed tho deferiee r that the lad was inclined to mental aberration, and had acted foolishly all his liie;;-,^' Although' he .knew.snothing' about horspSj-hc had frequently hired riding hacks, andJh'ad■ been in'.the habit of leading.-them for, miles, instead of riding.! ' His, Honour remarked that the theft aphavo'been a deliberately planned affair.'J;'Accused "might have very small intelligence, but ho had carried out.: tho business with considerable cunning. It was' n6f>K pzso for probation. A light sentence, wbiild Ibe infiictedj and his Honour' would jmiko'.-a special recommendation to ■ the Minister. '• ' '' ';.

■..■ "lihnve made a practice of writing specinlry. to tho, Minister," continued the Judge, "and; "conferring myself from, time to timo Y/ith.",'ihe ."Inspector "of: 'Prisons regarding prisoners. The' Government now are endeavouring- to carry out a plan linder which cases ::'of 'this kind, where a criminal act hasibeen deliberately committed by a young man, , .-.otherwise of good character, and comingifrom a- respectable .family, , may 'receive BpeciaT.attcption, but I do not, see how I am I; to'; avoid * inflicting a, sentence ; of, : im-prisonment.-'I don't see anything else open itosine." . ..;■- ■•.■■... ? •.., '.-'■ '■ '•'. •-.. ■-.- '..■■ "

Mr/v Singer /said'that already tho boy had miieil '/with criminals, in' tho Auckland and Wellington gaols,: and his mind was full of their.'':3tofies. . ■-

; His; Honour remarked-that, the authorities would: have to do itheir best to avoid that, ThereVwas, now one prison, ho said, which wasfteing set; apart, to : some extent, for ■young-'inen of '.-this -sort., Ascertain number of youhg men were being brought - together .tbenSjand in : .a'--!measure /'dissociated from hafd6n6d : criminals, .-.The".very 'structure-of tho'Jprisons was'.against the seheme,- but something could; be done,.: nevertheless! AP sentence of.;:four months' imprisonment, with;,-hard' labojir,' was' inflicted,;, and - the gaoljerV was instructed ..to keep -the , -.-young' fellow-; apart from other prisoners until ho ■ffos'.'dealt-ffith.;"■'-,.' ; -'--.. .■;■■.-.■■■ ; : .''- ■;■::-- v:

.''THE FATHER OF OTAKI."

•' A'-jmiddle-aged. man, Francis Ramsey, was charged with having committed, a certain offence at Otaki on Juno 22. He'pleaded not guilty.'- ... ; ;,• ;-.;'. ,; -',: ,-■:-.•:.' ..'■■ ..' ■;■-. Mfri-Myers, in opening the case for the , Crown,-said that ,it was a pity . thero .was no;>ay whereby magistrates could discriminate", in; regard to cases.' It seemed absurd that:.;the country -should be put to tho cxponse'.of a. Supreme Court trial in ; a trunipery>ease such as this. It could have been clcalts'with easily in the. Magistrate's Court. - Con's" table Sathorly,. of Otaki, was'-\ subjectctl; to a liiinilto croBS-examinatibn. by, the accused.- :. ■ ■'- .; '• ;"•■; .; • -.-■ -,"... • ■■•'■ ■

'"Aih I not the oldest working man in father of the plaGo?" : . ' -You-have been • thero': some time." ; ; "Wlien did I como;to New' Zealand?". ''1.-don't remembor tho-:year you gavo me;":'.- :'.- -. ■ : : ■ -... '; .:.:-';:■- ; ■ .-

-"Dpn'ti you know that T was persecuted by .the police, in Otaki. thirty-two 'years ■'■'-■ ; : ;i : .-- ::-■-. ■', ~\:?' : ■"'■ •/ /.'lfcannot say. I ljclieve- yon were chief witiifiss'in a commission.":;;--::- ...,-

.. John Carter,' .liorse-traiuerj of Otaki, also gave.; evidence. •;,.■ ■ ■.•' ■ •.. ■ _Acciised went. • into tho : box and stated his.'side of tho ; ;cas,o. ;.Iu cross-examination by'; Mr.' Myers, ho, was asked:'''"Had""you' beesi'; drinking'that day?" ■'. • .. .. . :"NoV- ■'■'..;,;;>.:,/;.•!■:; "' -.■'"■ "AVas that because of the prohibition order?":. , .: i' : "

"No," reipondod 'accused, emphatically. "L:get: more|liquornow* than I -did when no. order .was issued.■''■'•Wβ always do, only we have t'o pay ;a shilling instead of. 6ixpense. Asked •as '-.|to his., reputation,.accused reiio was liked' by ■ everybody in ifak'ii'•■■■■■. ■ '{•,.:■: ■: ■ ,';".':...■ ■'■■, ". '■■•;■ ■ ■'•

•'l,have always conducted myself '.proporly:in the-■ place,"- ( he said, and went on Bitterly. "The only crime, in; New Zealand is:prjVerty. is jncKbrime.' , ' .. . ■: ■'■. !/l'liat's : right, , / ,Baidkthe Crown.Prosocutorj'. :ti.s ho' sat : clown,; r^vAv^;:','.Vv... — ■. '■■■ i'Ho jury retired;for.'-a >few. minutes, and returiied with.a iycrdiot,'-6f- : .giiilty.": : ; ■-• , In •jiASsing. sentence,'; his' Honour remarked that thero had been. forty4wo!.previous, convictioiis against 'appusodj ■;■ but.;.ih: the' fortyeiglit.'.charges',■ extending ''oyer'i-thirty .years, therfev.waa not, &'■ .single.one -of -:. : dis honesty:. ittvjrouM be sentenced/to two mratlis' imprisonment, Twitb'.'h'ard^lab'duiv - '' """" ■'