McGILL sentenced

Dominion, Volume 22, Issue 116, 9 February 1929, Page 6

McGILL sentenced

SURPRISING DEVELOPMENTS POSITION OF SAFE DISCLOSED Dominion Special Service. Palmerston North, February 8. Surprising events followed the appearance of James Morton McGill, aged 26, when he appeared before His Honour Mr. Justice Smith for sentence this morning. He had been found guilty by the jury after a three days’ trial of breaking and entering the premises of James Clark Christie, 19 Rangitikei Street, between December 1 and December 3, 1928, with intent to commit a crime, but was acquitted on the further charge of breaking, entering and stealing a safe. The rear of the court was filled. While accused has been awaiting sentence,” said Mr. C. A. Loughnan, counsel for McGill, “I took it upon myself to put it to him as a possibility and in view of a comparatively recent case of a similar nature in Wellington, that if he would disclose to the police the position of the safe it might give me the ground which I have not at present of pointing out to Your Honour that this circumstance could be taken into consideration in accused’s favour. I have not, however, suggested anything to accused that can be construed as a commitment of Your Honour on the matter. As a result of my conversation with accused he is prepared to show the police where the sate was. He does not know that it is now there or whether it has been rifled, but he can indicate the position where it was placed in an intact condition. I suggest, in all respect to Your Honour, in order that the integrity of this statement may be properly tested that sentence be deferred until to-morrow morning.” He asked that sentence should be deferred until accused had had a chance to show where the safe W His Honour said he felt disposed to give Mr. Loughnan an opportunity to allow McGill to produce the safe. Tho fact of recovering the safe might be considered in the sentence of accused. Accused was accordingly rbmanded until 2 p ; m. Soon after McGill, Detective Barling and Warder Watters left by car. The safe was located two miles up Ballance Road from the bridge, and 20 feet down a bank. The safe was on small wheels, and had been forced open. Thick fern and undergrowth formed an entirely effective coverin When the Court resumed in the afternoon Mr. Loughnan said that, In the interval, McGill had prepared a confession. It was handed to the Bench. Mr.,Justice Smith read the confession. It was not read aloud and was not available to the His Honour, Mr. Loughnan explained Mrs. McGill’s ignorance of her husband’s acts. She had given her evld6His Honour*; 1 What has happened to the Sa Mr. Loughnan said he did not know. Mr. Cooke. Crown Prosecutor, explained that the safe had been recovered by the police. It was covered with rust and the hinges, had been sawn off with a haeksaw~Sr some such Instrument. All the papers had been destroyed by fires Inside the safe, and fingerprints had been destroyed also. Mr. Cooke commented that the production of the safe was a twoedged sword. , , His Honour said' that In a legal sense McGill's confession amounted to his being openly guilty to the first charge of breaking and entering and theft of the safe. Prisoner had no reason to complain of his treatment from the jury. There was something to be said in prisoner s favour, but on the point of making restitution there had been nothing done at all. The return of the empty safe was. hardly a mitigation of the circumstances. Accused had made several excursions Into the field of crime, and'had rather enjoyed them So far the law had treated him with leniency. The time had come when prisoner should experience some of the severity of the law. Under. the circumstances he proposed to impose reformative detention. McGill was sentenced to be committed to prison forthwith and detained for reformative purposes for a period not exceeding three years.