PENALTY OF CRIME

Dominion, Volume 26, Issue 30, 29 October 1932, Page 13

PENALTY OF CRIME

Prisoners Sentenced GAOL FOR RECEIVERS Cases of Housebreaking A number of prisoners who had pleaded guilty or had been found guilty of various crimes at the criminal session this week were sentenced by Mr. Justice MacGregor In the Supreme Court yesterday. All of the housebreaking cases down for trial were completed, and the jury panel discharged. Verdict of Not Guilty On the night of August IS the residence of Mr. Charles Frederick Walker, 17 Carlton Gore Road, was broken into and six gold, silver and metal watches, an emerald and diamond ring, brooch, etc., were stolen, the value of the missing goods being £66/5/-. John George Furey and Francis Xavier Tohill, salesmen, were indicted on charges of breaking, entering the premises, and stealing the articles mentioned, and alternatively, with receiving a portion of them which had beeen found in their possession, knowing them to have been dishonestly obtained, Furey pleaded guilty to receiving some of the articles, and was put back for sentence. Tohill pleaded not guilty and a jury was empanelled to try him. Mr. A. F. Hogg appeared for the prisoner. Sir. P. S. K. Macassey, Crown Prosecutor, briefly outlined the facts, that the premises were broken into at night while the family was absent Three of the watches were in Tohill’s possession. The articles were identified by the owner, and Detective Rit.chie, who arrested accused, said Tohill told him the watches were given to him by Furey. Later Furey confirmed that statement. His Honour told the jury that he did not think it would be safe to convict the prisoner on the evidence, and the jury returned a verdict of “not guilty” wjthout leaving the box. Said He Was Sorry Later in the day Furey was sentenced to two years’ imprisonment,, to be concurrent ■with the sentence he is now serving for another offence. Prisoner expressed his sorrow-, saying it would be a lesson to him. He would never do anything like it again. Guilty of Receiving Chester Lincoln Nazelrod, aged 31, a native of Buenos Aires, was found guilty on two counts of receiving property knowing it to have been dishonestly obtained. This was the case arising out of the robberies from tho residence of Mrs. Amy Dwan at Lyall Bay and the residence of Mr. W. H, Wakelin at Kilbirnle in August. The jury returned a verdict of "not guilty” on the charges of breaking and entering. Mr. J. F. Paul said the prisoner had been in Nbw Zealand for three years. He was an expert motor driver. He joined a ship, but after a row at Auckland took his discharge in Wellington. Although the probation officer did not recommend it, counsel suggested that probation might be given, and prisoner might be persuaded to leave New Zealand. He had been in prison for two months. Mr. P. S. K. Macassey said that when the prisoner applied for a taxi-driver’s license he was unfavourably reported upon. His Honour said he must impose a substantial sentence, which would be one of two years’ imprisonment. Cases on Remand His Honour sentenced the prisoners who bad been remanded earlier iu the week as follow:— George Frederick Murphy, aged 36, labourer, for breaking, entering and theft, and receiving, was sentenced to two years’ hard labour on each charge, to be concurrent. George Ngarimu, aged 24, labourer, a Maori, for assault on a woman at Kelburn, was given 12 months’ imprisonment to be followed by two years’ reformative treatment. Clarence Frank Ross, aged 33, cabinetmaker, for breaking, entering and theft, and for being a rogue and a vagabond in that he was found in possession of a housebreaking implement bynight, was sent to prison for two years on the first charge and one year on the second, the sentences to be concurrent. Albert Henry O’Malley, aged 39, barman, was sentenced to six months’ imprisonment on three charges of "uttering counterfeit half-crowns. The sentences are tb be concurrent. Thomas Fearon, 34, barman, found guilty of- receiving stolen property, knowing it to have been dishonestly obtained, was sentenced to two years’ imprisonment. Receiving was a serious offence, and the receiver in most cases was worse than the thief, said his Honour. Prisoner bad a number of previous convictions. Alexander Herd, aged 22, seaman, convicted of breaking, entering and theft, had a long list of convictions for various offences. His Honour said he thought the man was not normal and should be medically examined. x\. sentence of IS months’ imprisonment was passed.