SUPREME COURT SESSIONS.

Dominion, Volume 4, Issue 1045, 7 February 1911, Page 3

SUPREME COURT SESSIONS.

"TEDDY, THE BURGLAR." REFORMATIVE DETENTION. The criminal sessions of the Supreme Court were continued yesterday morning before Mr. Justice Chapman. George Williams, who was found guilty last week, was brought forward for sentence for assaulting Batholomow Mahoney, with intent to rob him. - "It is clear from the prisoner's record," said Mr. H. H. Ostler, who prosecuted for the Crown, "that ho belongs to a very dangerous class of criminal." Jlost of his career, Mr. Ostler added, was in New South Wales, whero ho was known by several aliases, including that of "Teddy the Burglar." In 1889, when only 20 years of age, he was charged with robbery with violence. In 189G ho served five years for attempting to choko and rob. Prisoner: "I dispute that five years for attempting to choke." Continuing, .Mr. Ostler said accused also had convictions for drunkenness, assault, drunk and disorderly conduct, assaulting tho police, and riotous behaviour. In 1909 he was sentenced to two years imprisonment in Wellington for assault with intent to rob. Ho was apparently only out of gaol two months. Prisoner handed his Honour a lengthy written statement, and proceeded to address the Court for twenty-five minutes. He explained various phases of his past life dramatically, denying certain of the charges on which ho had been convicted, lie defied any constable to say ho was in bad company during his first two years in New Zealand. He attributed his downfall to drink. When he arrived in Wellington from Sydney, he had gone to work at various places and had kept under the shelter of one of the missions. "As for attempting to rob MahoneJ," said the prisoner, "I declare I am as innocent as a new born babe." This charge, he added, had been trumped up becauso of the previous convictions against him, and although he lied. been found guilty, he was not guilty, and ho hoped the Court would deal leniently with him. His life had been mado wretched by the persecution he had been subjected to. AVhon he was in Sydney, he would hardly bo outsido tho gaol gates before a whistle would bo blown, and he would be surrounded by policemen and detectives, who would watch their chance to put him back in gaol. Prisoner proceeded to arguo that he was as innocent as a babe of some of - tho charges for which he- had .forved "time," anil coniplained that the oydney police had "pulled, kicked, and hounded him about like a dog. He came to New Zealand to get awaj; from the influence of tho New South Wales polico, and worked hard for a living here, but the Sydney polico sent his record ovef. Ho asked his Honour for onei more chance, and promised that if it was given tho Court would never see him plaoed in the same position again. AVlien lie came out after serving the sentence I he must get, he would tako up the thread of an honest life where it was broken off. Prisoner assured his Honour that he felt his position keenly, and when. he. thought of it nt nights in the coll it almost drove him to suicide. But ho would not do that. His downfall had been through refusing to become a traitor arid a dog, and refusing to give information to the police that would get. others into trouble. "Don't," pleaded the prisoner, "tako away all hope from me, but give mo something to live for." Ilis Honour read extract? from two certificates as to the good behaviour of accused during his first two years in New Zealand. The certificates attributed prisoner's . lapses to drink. "I have your actual record," said his Honour. "There is. a record of three crimes, involving dishonesty and violence, one of which is recorded in this Court, and for which you apparently received a lenient sentence. In addition, thcro aro about s.ix crimes of violence, and there are other crinvr); recorded against you. 'The previous sentence you received was two years imprisonment with hard labour. You scarcely come oiifc when you arc convicted of robbery with' violence, and violence which, with a- weaker man than the person assaulted, might have led .to much more serious'results. Your record is such that if you iiiul your way into a New Zealand' court again you will be treated as a habitual criminal, and you will then be locked up for an indefinite period, and you will not know when, if ever, you will como out. For the present, I intend to inflict a severe sentence on you, but it is ono that may bo revised by tho Prison Board if you are a man to be trusted. Prisoner was sentenced to throo years' imprisonment, with bard labour, to be followed by three years' detention for

reformative purposes. A CLOSE CALL. . COOPER ASSAULT CASE. A young man named Matthew Cooper appeared on two charges: (1) Of having, at Wellington on December 3, assaulted his wife, Emma Cooper, so as to cause her actual bodily harm; and (2) having as- . saulted his wife. Mr. F. P. Kelly appeared for accused, and Mr. H. 11. Ostler conducted the case for tho Crown. In opening 'tho case for the prosecution, Mr. Ostler remarked that tho trouble arose out of a wordy quarrel between accused and his wifo on the afternoon of December 3. It would be shown in evidence that accused hit his wifo a violent blow in tho stomach. The result was that the spleen was ruptured, and Mrs. Ccopor was ordered to the hospital, whero she nearly died. The evidence tho Crown relied on was that of tho wife, who said that her husband struck her. Cooper's version was that he struck his wife in the face, that she fell on a chair, and so inflicted the injury. "Whichever version you accept," said Mr. Ostler, "accused had still assaulted his wife so as to cause her actual bodily harm." Accused was a laundryman, and his wife worked at tho samo laundry. Mrs. Cooper came home on December <C having bought two hats for the children, oh the wav. An argument resulted when she showed tho hats to Cooper, who said one of the hats was damaged. Accuscd struck his wife and knocked her down. The only evidence as to t the actual striking was s that of Mrs. Cooper herself. I Dr. Gicsen stated that he was called j to attend Mrs. Cooper at 5 p.m. on DeJ ceinber 3. Sho complained of internal pains. He called again next morning, and found the woman .much worse. Ho consequently advised her removal to the hospital, as the symptoms were dangerous. Witness saw accused and told him that

j it was a cowardly thing to strike a woman in tho stomach. lie further said that Mrs. Cooper's condition was so' serious that he (Cooper) would probably Ifind himself in tho hands of the police. Accused made no Teply. Dr. l'"aulko stated that ho examined Mrs. Cooper on tho afternoon of December 1, and found her to bo in a dangerous condition. He saw her again in the evening, and found her to bo bleeding i internally. The result was that ho de- | cided to operate. The operation disclosed I a rupture of the spleen. The bleeding j was stopped, but at the time the woman Is was in an exceedingly critical condition, j and witness asked that her depositions 3 should be taken, as it appeared extremely 3 doubtful if she would live till morning. | 'However, she made a good recovery, and 3 was now out of nil danger. H To Mr. Kelly: The spleen of Mrs. 8 Cooper was unsound, and was more liablo jj to spontaneous rapture than the average, ij Excitement would in a small degree tend |j to tho rupture. I Emma Cooper said that on the day of | the alleged assault she and her husband | had been working at a laundry. Witness n . went homo by herself, purchasing two E ' hats on tho way home. Slio showed them | to her husband when he camo home, and | one word led to another. At length H Cooper got up and hit her on tho left U side. As she attempted to get away H from him she fell over something. What | it was she fell over she could not say, 0 es it all happened so suddenly. 1 To Mr. Kelly: Slio had been married I for .seven years. Cooper was very kind | and affectionate. She was sure he had no intention of hurting her as ho did. Previously slio had complained to her husband of a pain inside. That night Cooper said he was very sorry for what ho had j done. 1 Re-examined by Mr. Ostler, witness said 9 Cooper may liavo had a few drinks.

"I want you to bo very lenient with him on account of my two children," she concluded, addressing his Honour. "Me

have no friends in this country/' Francis Scaif deposed that ho and .his wife, who lived in the samo house as the Coopers,- attended to Mrs. Ccopor. Cooper appeared io have had a little drink. After the doctor left accused re-

marked to witness that it seemed like a dream to him. lie had not intended to do his wife any harm. Ho was too fond of her for that.

Elizabeth Scaif, wifo of the previous witness, described the quarrel. She did not seo tho blow struck, but heard it, and on turning round she saw Cooper standing as if ho had just slruck a blow. Mrs. Cooper was unconscious for five or ten minutes.

Constable Willetts and Sergeant Matlie•on also gave evidence.

Accuscd went into tho witness-bos. He stated that lie was a laundryman, and had been married iu London seven years ago. Ho arrived in the Dominion eight months ago. On tho day of the alleged assault he had a slight quarrel with his wifo over the purchaso of some hats. The result was that he slapped his wife's face. .Mrs. Cooper fell over and struck herself on a baby's high chair. He had only had two drinks on tho day in question. Ho' did not think his wife was seriously injured. Ho went out and came home again about G p.m. At the request of Dr. Gicsen ho took his wifo to tho hospital. Ho had always got on well with his wife. It was very seldom that they hod "words."

To Mr. Ostler; Mrs. Cooper was mistaken when she said ho had struck her on the side. Ho thought at the time that his wife was "shamming" when she was lying on the floor, and had no idea that she was unconscious. After tho occurrence he went out and had several drinks, but at the timo of tho quarrel ho was quite sober.

In his address to tho jury, Mr. Kelly argued that tho case was one of a.simple family quarrel. Tho end was most unfortunate, buc was, ho urged,.due more to accident than design..

Mr. Ostler characterised tho.case as a pathetic ono. He did not. urge that accuscd was an ordinary callous criminal, and perhaps his lapso was caused through drink. However, this did not relievo the accuscd of the charge of assault.

In summing up his Honour said there was very little to trouble the jury in the evidence. The only dispute was as to where tho blow was struck. The accused said ho hit his wife on tho face, and the wife said she was struck on the side. There was no other part of the evidence that wac important. No doubt accuscd was very penitent now, but that was a question It bo taken into consideration afterwards.

The jury retired at 2.10 p.m., and returned at 3.15 with, a verdict of guilty on tho major charge, and, considering all tho circumstances of tho case, a strong recommendation to mercy.

His Honour said he would consider :hat ho would do in this ease, and senence accuscd this morning.

■ BREAKING AND ENTERING. EX-BURNHAM BOY IN TROUBLE. A pica of guilty was entered by George Herbert Conriy to a charge of breaking and entering and theft at Wellington on November 'I'l. The charge involved breaking into the storeroom of Mr. A. Myers aud stealing a bicycle and clothing, valued at and ccrving tools valued at JM. Mr. Ostler informed the Court that prisoner was only 2J years of ago. When lie was 13 years old he wa* convicted of thcit in Duncdin. anJ committed to the Burnham Industrial School. In 1908 lie appeared belore th* Court at Duncdin again, on a chargo of theit from a dwelling. Since then there were lour convictions for thcit at Wellington against him, all ol thorn being on tho samo day. Ilis Honour said tnat tuc ~..soner had a criminal record that would justify the Court in declaring him to be a habitual criminal. There were six previous convictions against accuscd for offences involving dishonesty. The Court did not feel disposed to treat him finally as a habitual criminal, but he thought the caso was one in which somo good could be dono by committing accuscd to prison in terms of tho Act ot last session, viz., committing him for reformative purposes. It would bo open to tho board which sits under the new Act to release prisoner on probation. Tho probability was that if tho.prisoner behaved himself the board would at a comparatively early dato release him on probation and givo him an j'opportunity of showing whether ho was willing to work and live an honest life. "I think yours is a fair caso for putting the matter to tho lest by giving you tho chance you ask for," said his Honour; "but I must first sentence you to a term of imprisonment. You will servo a short sentence in tho ordinary way, and you

will then bo detained in prison until tho board sees fit to relcaso you on probation. I must mako the sentenco of imprisonment a long one, but it does not mean that you will lie detained that length of time."

A sentence of .12 months' imprisonment witn hard labour was imposed* and prisoner was ordered to bo detained for five years for reformative treatment. , Tho Court adjourned until 10.30 this morning.