SUPREME COURT

Dominion, Volume 16, Issue 120, 6 February 1923, Page 11

SUPREME COURT

PRISONERS SENTENCED “HABITUAL CRIMINAL BY CHOICE” Fifteen prisoners who had pleaded guilty in the Lower Court were sentenced yesterday morning in the Supreme Court by His Honour Mr. Justice Chapman. Mr. P. S. K. Macassey represented the Crown. THEFT OF METAL. Victor Lynn Norris and Thomas William Francis, for the systematic theft of motal from the yards of Messrs. Jenkins and Mack, were committed to probation for three years, and ordered to pay the costs of prosecution, £lO. Air. J. F. B. Stevenson, on behalf of Norris, pointed out that he was under 17 years of age, and had just escaped being dealt with as a juvenile. Ho had committed no previous crime, and had worked hard. The easy manner in which the goods had been disposed of to a dealer had no doubt encouraged the systematic thefts. Norris had work to go to. ' Mr. Macassoy: Tho dealer is coming up for trial to-morrow'. Mr. C. A. L. Treadwell pleaded somewhat similarly for Francis, who had. ho said, work to go to. Francis lived with his mother and sister, to whose keep he had contributed £1 a week. Mr. Macassoy said that both lads were hard working and steady. His Honour said the worst feature of the thefts was that over a considerable period, while they were making money out of it, tho lads had time to think of what they wore doing. Ho would not, however, inflict a heavy penalty. INDECENT ASSAULT.

William Frederick Kennedy, who had pleaded guilty to an indecent assault on a male, said that it was his first time in trouble. He was under the influence of liquor at tho time of the offence. _ ■ Mr. Macassey said that Kennedy, an hotel porter, had a good character from his employers. In view of this, His Honour imposed a sentence of two years’ imprisonment with hard labour only. BREAKING, ENTERING, AND THEFT. George Cunningham, whom the police described as continually in gaol .since 1910, was, said His Honour, apparently an habitual criminal by choice. He tleclared him an habitual criminal, and sentenced him to two years’ imprisonment. His offence was breaking and entering and theft. STOLEN CLOTH. David McKay, who had pleaded guilty to the theft of eight rolls of cloth from the s.s. Suffolk, was sentenced to ten months’ imprisonment with hard labour. Mr. A. B. Sievwright, for tho prisoner, said that he had been tempted by the placing in the forepart of the vessel of part of the cargo of cloth. Nearly all the cloth stolen had been recovered. Some other person must have assisted in the theft of the cloth aboard the vessel. Mr. Macassey said he could not agree with tho latter statement, and Mr. Sievwright admitted it was only his own view. His Honour: I do not; know that you improved matters by suggesting conspiracy. This is an ordinary case of pillage. The man has made abuse of the trust reposed in him. FALSE PRETENCES.

Harold Avery Clayton, , for whom Mr. P. J. O’Regan appeared, was sentenced to three years’ detention for reformative purposes for obtaining credit by false pretences at Palmerston North. Clayton, said Mr. O’Regan, was a veterinary surgeon by occupation, and had come to New Zealand from Canada.. Previous convictions were certainly against him, but the mother of the girl he had recently married was ready to give him work on a farm. His Honour: Did his mother-in-law know of his sentences when she made the offer ? Mr. O’Regan: I do not think so, but she is able to buy a farm, and is frilling to employ him on it. He is a young man of more than ordinary intelligence, and much of his trouble is duo to drink. His Honour; How is that to be guarded against by setting him at large ? Mr. O’Regan: Tho mother will look after that. . If she gets him on the farm she will take very fine care that he gets no drink. His Honour: She will need a good control of the tap. Air. O’Regan: She seems to bo an unusual sort of mother-in-law.

Mr. Macassey said that the police record showed Clayton to be addicted’ to drugs as well as drink. Ho had a long list of offences, and had committed further offences, defrauding a man bv the sale of a motor-car for £2O. ‘His Honour: And did the purchaser think he could get a motor-car for £2O? I did not think a Ford at its lowest stages had got so low as that. THEFT FROM THE PERSON. James Williams, for whom Mr. A. B. Siovwright appeared, was sentenced to twelve months’ imprisonment with hard labour for the theft of £lO from the person of tho gatekeeper at Athletic Park. ’’ Mr. Sievwright said that the act was the result of sudden temptation, as the notes -were easily to bo seen sticking out of tho gatekeeper’s pocket. Mr. Macassey said tho prisoner was born in England, and had lived most of his life in Australia. He was a single man, a labourer. In 1912 he was deported from Australia, and committed an offence in Auckland in 1914, and again in 1917. He had been here some months without -working.' His Honour, perusing the record, said that Williams had. had several charges of stealing against him, and had convictions of vagrancy and consorting -until thieves in Sydney. He declared him an habitual criminal, and sentenced him to twelve mouths’ imprisonment. YOUNG SEAMAN’S LAPSE. John Joseph O’Brien, who pleaded guilty to breaking and entering, was admitted to probation for eighteen months. Mr. A. B. Sievwright said that ; O’Brien was 18 years of age, a seaman, who had been out of -work for three months. He was charged with being found on premises with intent to commit a crime. This was the first time lio had been in trouble. His mother was a widow with four children. Sho ■ spoko highly of him. Mr. Macassey said nothing was known agaiiist O’Brien, who had helped his mother, and was a sober young follow. O’Brien was ordered to pay tho costs of the prosecution. i “A LIFE OF CRIME.” Mervin Valdemar Berggren pleaded guilty to five charges of breaking and entering and theft at Olive, near Hastings. Since 1917, said Mr. Macassey, Berggren, who was 16 years of ago, had lived a life of crime. Ho had abscond-

od from the Woraroa School before committing tho offences at Clive. Prisoner was committed to three years’ reformative detention at the Borstel School, Invercargill.

WHOLESALE THEFTS. Joseph 'Lliomas Wooley, for whom Mr. AV. Perry appeared, pleaded guilty to tho theft of £95 7s. Bd. worth of goods from his employer, including a large number of razors. Mr. Perry said that bo had been influenced by another man to steal quantities of goods of various kinds. Wooley had served three years in the Army. Only £2l ss. worth of goods had not been returned. Prisoner had already been in gaol for twenty-six days. _ . Wooley was admitted to probation for three years, the value of the goods missing, £2l 55., and £5 ss. (the costs of the prosecution) to be paid at the rate of 10s. 6d. per week for tho. first two years, and 15s. for the remainder of the term. BREACH OF PROBATION. William AValker Johnstone was admitted to three years’ probation, and ordered to pay the costs of the prosecution at the rate of 10s. a month, having pleaded guilty to a breach of the terms of his probation license of two years ago. Mr. A. B. Sievwright, who appeared on behalf of the prisoner, said. that two years of tho term of probation had passed when Johnstone was arrested for drunkenness and obscenity at Nelson. Fearful of the con sequences, ho had escaped, but this might .be taken as part of the present charge. THEFT AND FORGERY. William Keating, for whom Mr. T. P. Cleary appeared, pleaded guilty to charges of breaking and entering and forgery at Blenheim, and of breaking and entering at Picton. Mr. Cleary said the total sum involved was £6. The prisoner had made no attempt to place or cash the cheques, though he had spent some money. He was thirty-seven years of age. a farm labourer, who had served three years at the front. As the result of his war experiences he had been for two months an inmate of n. mental hospital in Egypt. The real cause of tho present charges was a. heavy drinking bout. His sister and brother would guarantee to look after him well if His Honour would treat tho case leniently. Mr. Macassey stated that the total amount missing was. £5 9s. Gd. Keating was adjnitted to probation for "i'liroo yenrs, prohibited from tßKinpj intoxicants, or from entering places where they nre sold. s.nd ordeied to pav £lO. costs of tho prosecution, and £5 9s. Gd., the amount lost, in weekly instalments of 10s.