LAW REPORTS.

Dominion, Volume 4, Issue 1193, 31 July 1911, Page 3

LAW REPORTS.

c SUPREME COURT. PRISONERS SENTENCED. o M'AKMIOUSE THEFTS. STRONG COMMENTS BY JI'DGE. The cns?s of warehouse thefts that have recently been dealt with in tho prpliininaly stages in the Magistrate's Court were before rho Supreme Court on Saturday, when a number of prisoners, who had pleaded guilty to indictable crime?, came before Mr. Justice Chapman for sentence. Among them were liertie Smith, Urn'est Charles Gregory, and Alfred Smith. The first-named had to answer a clinrgc of theft and receiving stolen goods, Gregory, a charge of theft, and Alfred Smith a charge of receiving. Mr. A. 1,. Herdman appeared for the Smiths, and Mr. A. Gray appeared for Gregory. Mr. Ilerdmau said' the cases of his clients were most unfortunate. They had lived in the city for something like twenty years, and had hitherto borne excellent characters. This was testified to in a number of letters that counsel had received and forwarded to his Honour, and there was another letter just to hand from Mr. 1?. A. Wright, M.l'., which counsel handed up t.o his Honour. Mr. Herdman then detailed the history of the crime and said that as far as Alfred Smith was concerned, ho had derived very little benefit from the transaction—only about X'S or | ,£6. "When the accused were arrested, they immediately confessed and did their best to assist the police in clearing the affair up, aud as a result snmo ,JUI) worth of goods had been recovered by TurmSull and Co. and about £1 worth by A. S. Paterson and Co. Those men could both make reparation, if his Honour could see his way to admit them to probation, and make an order for so much a month to l;e refunded. His Honour: "The position is this. Thefts from stores have been frequent in Wellington, and some years ago some offenders were admitted to probation, the judge hoping that tho example would bs a warning to others. The ssntence did not act as any deterrent to others, and olTcnilers had si'ice been sentenced to imprisonment:.. Auer these warnings, the;e men created a conspiracy to corrupt the storeman and rob tho merchants. It is not only a matter between Tnrnbull and Co. ami Paterson and Co. There is the question of. public interest. 1 nm quite suro that judges show due lenie.ucv to early and young offenders, but this is a • systematic robbery of employers, ft I looked upon this as a case of simple theft alul admitted tho accused to probation because they were prepared to make reparation, the public would be quick to see that where offenders had friends with money they would be let ofF, but tho.-e without friends would suffer." Mr. Herdman pointed out that there was 110 evidence that anyone had tried to corrupt the storeman. . His Honour said that the fact remained that tho storeman was only 21 years ot a»e, and the Smiths were much older. °Mr. Gray suggested that Gregory s case was different from that of tho other two defendants, because ho had been tempted by one of them to commit the offence to which ho had pleaded guilty. lie was only out from London about two yeais, and his previous character was good. Counsel had a number ot testimonials which had been given to accusid, mcl tiling ono from previous employers and a sympathetic letter from Ins fellow employees at A. S. Paterson and Companj s. Could his Honour sec lps way o dillerentiate between this case and that of tlu other two? His Honour: "So for as Gregory is concerned I do not feel disposed i 0 admit Mm o probation, but I wiU not sentence h m to-thy. I -will consider tho matter and, deal''with tte case on Monday morn"To the Smiths, his Honour said: "I am very sorry to have to sentence jou, but I cannot do. otherwise. . Tlcu ha-.e bM taken, nart in n conspiracy to cpmn.n .these offences, and have carried J 1 J" 1 ' wrJi cunni lg. And if you had no .. detected the offonc-:s would no elenb., h.ne roue on. You carried un your busines.. partly on- stolon goods, and you had corrupte'd a store.Tiaii and were pioccedin„ to corrupt another. Both of you aie far worse oflendcrs than tho storeman, if • be true that you corrupted him. Ha you been men of loo'e character I should have inflicted very severe sentences, but in view of what lias been said in your favour I shall make the sentences as light as possible. You, Bertie Smith, will bo sentenced to twelve months imprisonment. and you, Alfred bnuth, to n.nc months' imprisonment.