UNAVAILING PLEA

Dominion, Volume 29, Issue 198, 19 May 1936, Page 13

UNAVAILING PLEA

Declaration as Habitual Criminal DIALOGUE BETWEEN BENCH AND DOCK Found guilty by a jury of breaking aud entering with intent to commit theft, William Murphy was sentenced to 12 months’ imprisonment and declared an habitual criminal by Mr. Justice Blair, in the Supreme Court, Wellington, yesterday. Prisoner pleaded to be let off lightly and said he would leave the country. Murphy’s counsel, Mr. P. D. N. Versehaffelt, said his client would throw himself on the mercy of the court. He had many previous convictions. Prisoner made an explanation to the court of how he came to be in the business premises in which he was arrested one night. His Honour told him that the jury bad not swallowed the story and he would not swallow it either. It was perfectly < bvious that prisoner was a scout watching for accomplices who were engaged in theft. Murphy had attracted the attention of detectives by his behaviour outside the premises in question. Prisoner appealed for a short sentence, and said it would do him more good than a long one. He would undertake to leave the country. His Honour: Perhaps you will not be welcome in another country. Mr. Versehaffelt: He is frightened that your Honour will give him a "Kathleen Mavourneeu.” His Honour: If any man deserves being declared an habitual criminal this man does. Same Thing Again. Mr. Versehaffelt: Unfortunately, when he comes out of jail he docs exactly the same thing again. Prisoner: I am getting old now, your Honour. lam 57. His Honour: I am getting older, too, and it doesn’t worry me. Prisoner: Drink has been my downfall. Mr. Justice Blair said Murphy could not blame the police watching his movements, after the record he had. Since 1914 he had had conviction after conviction for the same kind of offence. After a while offenders like the prisoner would lose any inclination to do honest work. He could not be treated lightly. “At the jail I understand that some say I am pretty rough on them, but others don't think so; is that so?” his Honour asked prisoner. Murphy: Yes. His Honour: I hate to have to do it, but what can I do with men like you who make a habit of crime? Prisoner: If you give me a warning this time I . . . His Honour: But you have had warnings iu the past. What sort of judge would I be thought if I let you off with a warning? Murphy: I would not like to spend my remaining days in jail. His Honour: What I bad better do is to impose a short sentence and declare you an habitual criminal. His Honour then passed sentence of 12 months’ imprisonment, and declared Murphy an habitual criminal.