CRIME SESSIONS.

Dominion, Volume 4, Issue 1216, 26 August 1911, Page 15

CRIME SESSIONS.

ABUSE OP A TKUST POSITION. STOBEMAN'S CASE. THE APPEALED MISEKICOKDIAM. JUDGE WALKS OVER IT. The last case on the criminal list at the present sessions of the Supreme Court was heard yesterday, before Mr. Justice Sim, who also passed sentence on two prisoners—one who had been found guilty by a jury and another who had tendered a plea of guilty, Allan Lee, storeinan, formerly in the employment of Messrs. W. and G. Turnbull and Co., was brought up for sentence on a charge of theft of goods valued at about £U, the property of liis employers. He had pleaded guilty to .the charge on the previous afternoon. Mr. C. Pi. Dix, who appeared for accused, called Mr. A. Turubull. who stated that (before Lee had been connected with the present offence) he had proved himself a sober and industrious employee. Other witnesses who were called as to character were Mr. C. Fletcher and Chief Detective Broberg. The latter stated that he did not regard Lee as "the makings of a criminal." Mr. Dix also read a letter from Mr, H. Gladstone Hill, managing director of Messrs. Hill and Barton, who was prepared to find employment for Lee if the latter were admitted to probation, and who was prepared to go bond for his future good behaviour. The writer of tho letter further stated that he knew that Lee and his family were penniless at the present time. Mr. Dix stated that he would like to add that accused was a married man with three children, and had been in the employment of the firm for six years. His salary was not such as to place him beyond temptation—he was only in receipt of .62 os. per week.

Mr. Ostler: That's not right Mr. Dix retorted that Lee had received £2 10s. on the last two pay days.. In fairness tn Mr. Turnbull it ought to bo said that ho was not aware that 100 was receiving such small wages, and, as soon as it was ■ brought under his notice, ho had agreed to the increase. Since these thefts there had been a general increase in the wages. Counsel pointed out to his Honour that, when the Smiths were before Mr. Justice Chapman for sEntencv the latter had publicly expressed the opinion that one of them had brcn guilty of corrupting a storeinan. The other storeman, who had pleaded guilty, had been admitted to probation. Counsel asked if his Honour could take the. same lenient, view of Lee's ease, and admit him to probation or iraposfl a fine.

. Mr. Ostler remarked, that the Justice Department had received a letter from tho solicitors of the Merchants' Association, but, in view of the fact that Mr. Turnbull did not know what his losses amounted to, he would not bring the letter before his Honour. As the Crown had accepted Lee's plea of gnilty to a small quantity of the goods in the indictment, he must, of course, be deemed not guilty of the theft of the remaining goods in the charge. It was only right, however, to mention that Ecarle (another party concerned) had pleaded guilty to stealing a case of cocoa, which he stated that he had received from Lee, but wTiich was not included in the charge to which Leo had pleaded guilty. His Honour remarked that it' was not a case in which he could accede to the request to impose a pecuniary penalty. The prisoner bad been in a position _ of trust and should have been protecting his master's goods instead of stealing thorn and selling them. 1 The sentence of the Court would be that be be sentenced to 18 months' imprisonment with bard labour.-'

i REFORMATIVE TREATMENT. John Maloney, 20 years of age, who had been found guilty of indecent assault in Newtown Park, was brought forward for sentence. Mr. H. H. Ostler appeared for the Crown and Mr. E. J. Fitzgibbon for tho' prisoner. Mr. Fitzgibbon called Malonoy's former employer to testify as to previous character. The police,report was in support of evidenco to the effect that the young man was mentally and physically weak. His Honour considered that in view of the evidence in the case and the police report, it was not safo for the accused to bo at large. He would bo placed in ,i reformatory prison, where he would havo proper treatment and bo under supervision, and would bo detained for a period not exceeding seven years. THE OTAKI CASE. A Native, named Frank Cootes, was charged with assaulting James Plaisted at Otaki on May 15 last and robbing him of the sum of XS. Cootes had been tried last week for the same offence, but tho jury, wera unable to agree and a new trial was ordered. Mr. H. n. Ostler represented the Crown yesterday and Mr. T. M. Wilford, with him M. W. J. Cracrofl Wilson, appeared for the prisoner, who pleaded not guilty. Plaisted is an old man, nearly 77 years of age, and is employed on a farm near To Horo. On May 15 last, Plaisted had been paid a cheque amounting to about Xli), and was on a visit to Otaki. After paying several accounts that v.-ero owing, Plaisted bad left in his possession the sum of about .£8 and about 7 o'clock in tho evening, ho was walking to tho Central Hotel to arrange for a bed for the night. On the way it is alleged he was set upon, dragged up a right-of-way, mid robbed of all his money. Thn matter was reported to the police and Cootes was arrested at his bouse next morning and charged with the offence. Plaisted, in tho witness-box, declared that ho had bad a few drinks that, day, but was not drunk and that ho recognised Frank Cootes and is snre that he was tho rahber. In cross-examination by Mr. Wilford, Plaisted admitted having been several times previously robbed in Otaki, but had not reported to tho police because he did not know who had robbed him. Other witnesses deposed to witnessing the robbery and declared that Cootes wr.'s the perpetrator of it,' but that there were others standing by in the road. Tho defence was an absolute denial cf the robbery and several witnesses were called. Accused was in the box for over an hour and was submitted to lengthy cross-examination by tho Crown Prcsccutor. At 5.10 p.m. the evidence for the defence was not concluded and the Court adjourned until 10 o'clock this morning.