SUPREME COURT. CRIMINAL SESSIONS.

Evening Post, Volume XLII, Issue 62, 10 September 1891, Page 3

SUPREME COURT. CRIMINAL SESSIONS.

YBBTERDAT. (Bofov 0 J£ia Honour tho Chiof Justice.) HOBBBBY WITH VIOLENCE. .^itorwowcnt to prose yesterday Robert f jflhiw, Patrick Eyan, and William Thomas meaded not guilty to an indictment charging them with having assaulted and robbed one Charles Maney on the night of 25th August. Mr. Gully prosoonted on behalf of the Crown, whilst tho prisoners woro defended by Mr. Coates. The evidonoe was identical with that given in tho Magistrate's Court. The jury retired, and after deliberating for half-an-hour returned a vordict of Not Guilty. Tho prisoners woro accordingly discharged. This Dat. the arson case. Christian Hanson who yostorday was conducted of setting fire to the Island Bay Hotel on tho 22nd Juno last, with intent to defraud the North German Insnrance Company, was brought op for sentence at 10 o'clock this Jnoriung. Mr. Vogol, the prisoner's oounsel, asked Xhat the provisions of the Probation Act knight be appliod in the prisoner' s caso. He submitted that the aofc of tho prisoner was not a premeditated one. He also desired to say that the prisoner was not a man of ntrong mind, and was not altogether responsible for his actions. Hanson had been confined now for three months, and that, added to Ma lengthy trial, had proved exceedingly distressing. Indoed, if imprisoned, it was extremely probable Hanson's mind might give way altogothor. His Honour said Be did not think the prisoner's case was one to which the provisions of the Probation Act could be applied. So far as ho understood, the Act was passed with a view to its being appliod principally to youthful first offenders, and the prisoner certainly did not como under that category. Mr. Vogel had urged that tho prisoner was 'of weak mind, bnt there was nothing to make him believe that this was so. Hanson appearod to hare got into a morbid condition, in which, apparently, ho bore enmity to everyone — much the flame as were people who " ran a nraok," and maimed and killed everyone they onoountered. The cose was not an ordinary one certainly, and, thereforo, porhaps the prisoner was entitled to consideration whon the sentence was passed. Still, as a warning to others, the punishment must bo of an exemplary character. In that Court he personally had imposed a sentence of soven years for arson, and h» had known an instance in which the Court had inflicted penal servitude for 20 years for firing sevoral places in ono sight. Hanson's caso was somowhat different to most cases of arson. Ho had not sot fire to a lionso in tho middlo of the night, in a crowded, thoromrhfaro of a city. TThe prisoner's offence had been committed in broad daylight, in a houso which was perfqotly isolated. Tho sentenco of the Court would be that the prisoner should bo kept to hard labour for three years. PZRJUBY. Uitiku Hapita, a Maori youth, was for a second time placed on his trial for having; perjured himself in the Magistrate's Court at Otaki whon giving ovidenco relative to a civil case in which he was interested., The prisoner was tried on this charge last' woek, but as the jury could not agree they were discharged, ana the accused was now tried on the former indiotmont. Mr. Gully proseouted for the Crown, and Mr. Mentoath defended. The cuo was proceeding whon our report closed. hazel's case. At 2 o'clock this afternoon Win. Chas. Hazel, found Guilty of obtaining .£3O from Wm. Barker on tho representation that he was the proprietor of a flourishing theatrical business, was brought up for sentence. The Probation Officer (Mr. P. S. Garvoy) eaid that he had not been able to prepare any report owing to the nature of tho acoused's business, he being continually on the move. His Honour enquired if Mr. Garvoy was ablo to say' whether tho accused h*d boon guilty of similar tricks in other parts of the colony. Mr. Garvey repliod in tho negative. His Honour thought that information on the subject might be obtamod by telegraphing to the difforont parts of the colony visited by tho acoused. Ho might say that he did not agree with granting probation unless it was in the case of a youth or a girl, or of n. man who, having lived an honest life for a long time, suddenly found himsolf oppressed with trouble^ and then gave way to tomptation. Probation in such a case was a proper thing, but it ought not to bo made a genoral system. Mr. Garvey said tho conduct of tho acoused sinoo he had boon in custody had boon exemplary. His Honour agreed that he did not appoar to be of the orirainal class. Ho thought it would be advisable that somo information should bo obtained as to Hazel's movements while he had been in the colony. This might be done by tdographingtothe varions police officers: ' With regard to tho points submitted to him by Mr. Jellicoe, counsol for the defence, ho did not think they wero reservablo. Hazel was then remanded for anothor week to await tho roault of the Probation Officor's enquiries. [BT T*L XGRAFH. j lunitbd pbbßs association. i Auckland. This Dat. At the criminal sessions, Wm. MiidcDoton, charged with arson at Pcako's, was acquitted on insufficient evidence.