SUPREME COURT

Dominion, Volume 10, Issue 3085, 16 May 1917, Page 9

SUPREME COURT

CRIMINAL CASES

SENTENCE OF SEVEN YEARS. Tho criminal session of Uio Supreme Court was resumed vosterday. Mr. Justice Edwards presided. MY. P. S. K. Macassey conducted the Crown cases. THEFT FROM A VESSEL. Thomas Bristol pleaded guilty to a Charge of stealing a lady's costume coat, valued at £1, from a vessel in port at Wellington. Mr. H. F. O'Leary, counsel, said that the prisoner was convicted ten years ago for dishonesty. Ho had sinco married, and had been trying to live down liis offence. But for ovor-indulgenco in liquor, the prisoner would, in all probability, not nave been before the Court on this second occasion, as the evidence showed that ho had been drinking about tho time he committed tho theft. Bristol uad stated all along that ho did not open the case containing the costume, but merely picked tho costume up. Though a married man, Bristol last year enlisted, a.nd spent three months in camp, but was finally rojected on account of his eyesight. His little child was at present lying seriously ill in the Hospital, and his wife was also in bad health. His Honour: It seems you did not tako away the article you stole. Perhapsyou repented. I shall give you the benefit .of tho doulJt. , Bristol was sentenced to three months imprisonment with hard labour. SEVEN YEARS' HARD LABOUR. Arthur Henry Woods was charged with having indecently assaulted a little girl aged four years and nine months. , Ho pleaded, not guilty. . "Can I have a -lawyer?" asked Woods. "It is much too late to ask for a lawyer," replied His Honour. After hearing the evidence,-the jurv immediately returned a verdict of guilty. His Honour read tho prisoner's record. It comprised' four convictions for theft, one for breaking and entering, one for vagrancy, one for escaping from custody, and two for indecent assault. "I should be wanting in my duty to. tho country," said His Honour to the prisoner, "if I did not impose the highest sentence the law provides for. You are a curse to the community, a menace to all children, and you must be kept from all possibility of doing injury so long as the law allows. . . . lou will be sentenced to seven years' imprisonment with hard labour." • AN ACCUSED MAN ACQUITTED. Charles Kemp, a seaman, was charged with having on April 10 of this year, broken and entered tho shop of iNatlian Phillips, in Taranaki Street, and-stolen fifteen rolled-gold rings, a gold bangle, a silver bangle, and a pair of ear-rings, valued at .£7 ss. He pleaded not guilty. He was not defended by counsel. Mr. Macassey said that the prisoner and a man named Dudley arrived in Wellington recently. It was alleged that they together broke the window of_imllips's shop. Dudley, when arrested, had in his possession eleven rings, tivo bangles, and ft pair of car-rings. Dudley was charged with the oftenco and pleaded -uilty. Kemp went to a second-hand shop, and endeavoured to dispose ot n. rin- for ss. The police were communiSed Tvith, and as a result tho charge TfMe'Crown evidence had been given. His Honour read to the jury a Statement made by Kernp ,n -the lower Court. In it Kemp alleged-that ho mot Dudley only.on tfio morning after the breaking and entering, and that Dudley then gave him two rings to dispose ot. The prisoner called Georgo Henry Reynolds, of Johnsonville, to provo that he slept lit Johnsonville on tho night ot the crime, came into town with Reynolds next morning, and quitted Reynolds only between 6.15 and 6..10 a.m. His Honour (to prisoner): lou have cleared yourself of tho major part of the crime You have now to show that when jou received the property you did not know that it had been stplen. Kemp asked far permission to call Dudley, who is serving a term at tho Terraco , Gaol. Dudley was accordingly sent for,\ and in the aftornoon gave evidence. • j ' ■■ His Honour, in summing up, directed the jury to acquit the prisoner on tho major charge. They had merely to consider whether. Kemp knowingly received stolen property. The jury found the prisoner not guilty on each count. ' Kemp was accordingly discharged. SHEEP STEALING. William Southco and David John" Southce, for whom Mr. C. W. Nielsen appeared, were charged with sheep stealing nt Akatarawa. Sir. Macassey said that there wcro three counts in the indictment, ono charging the accused with stealing a black sheep, the second with stealing a white- sheep, and tho third with receiving the last-mentioned . sheep, knowing it to'have- been stolen. Messrs. Wbitoman Brothers, the only sheep farmers at Akatarawa, had, in March last, two whito sheep and one black sheen running upon a clearing. Looking over tho place on March 28, Whiteman Bros, found |ho skin anil head of the black, sheep. The skin had beei) just recently removed, and in the 'head there was a bullethole. Information was given to tho police, and ■a watch was set. On March 31, about 3 p.m., the two accused were seen going across tho' clearing with dogs and ■a ride. Each was carrying a bag. A constable mot them, and • asked them what was in the bags. The accused alleged that what they wore carrying was pig and gout. It turned out, however, to bo mutton. As-they were being conducted to the police station the accused dived into the bush and disappeared. They were rearrested later. Evidence would he called to prove, inter nlia. that the bullet which killed the black sheep corresponded to the bore of tho accused's rifle. . ■' / Evidence was called for the Crown, but not for the defence. Mr. Nielsen contended that the Crown had failed to establish the ownership ot the sheep. The jury found the accused guilty of stealing one, sheep. They recommended that mercy be shown to' David John Southce, because he was a nn-ie boy. His Honour placed David John Southce upon probation for two years. Ho remanded William fiouthee till to-day for sentence...