CRIMINAL SESSIONS.

Evening Post, Volume LXXVI, Issue 43, 19 August 1908, Page 8

CRIMINAL SESSIONS.

SUPREME COU RT CAS ES. PRISONERS SENTENCED. The ihird day of the criminal sessions 'at the Supreme Court opened to-day before his Honour Mr. Justice Cooper. EECEIVING STOLEN GOODS. James Smith, alias Griffo, came upfor sentence on a charge of receiving stolen property, and offered no plea. His Honour imposed a sentence of twelve months' imprisonment, with hard labour. REMANDED FOR ENQUIRY. John Chalker, found guilty yesterday of theft from the person at Pahiatua, on the sth August, stated in his defence that it was the first time he had ever been accused of dishonesty. The probation officer stated that Chalker had been a frequenter of racecourses. He had been committed for trial at Palmerston North in March last, but had escaped from custody. For this offence he had been awarded two months' hard labour. Of the original offence with which he had been charged, he was acquitted on his trial. His Honour remanded the prisoner until Monday morning, in order that the probation officer might prepare a, .full report on his record. THEFT FROM THE PERSON. Daniel Morgan pleaded not guilty to a charge of stealing, on the 25th July, the sum of 8s 3d from the person of oneTimothy Donovan, and further of at.-, saulting one James Mac and- one Michael Walsh. Sydney James Simpson, junior house surgeon at the Wellington Hospital, stated that Timothy Donovan had been admitted to the Hospital on the 29th July, suffering from eye-trouble. It would be impossible for him to travel, >or ab any rate it would be at .the risk, of losing his eyesight. The deposition of Timothy Donovan was read, to the effect that on the 25th July, at 12 noon, he had 10s. Ho -changed 'the half-sovereign and had drinks at the Empire Hotel. He fonnd. afterwards that nis money was gone. He had not seen the accused. Robert Allen, barman, employed at the Empire Hotel, said that Timothy Donovan called at the bar at twenty past one on the afternoon of the 25th July. There were two other men. They had drinks, for which Donovan paid. The witness gave change in two half-crowns and two two-shilling pieces. Donovan again shouted for himself and another man, tendering a two-shilling piece. He would then have 8s 4d left. Donovan was still there, when witness left the, bar. James Mac, labourer, living at Kiwi, on the Nelson-Tadmor line, stated that on the 25th July, in company with Michael Walsh, he went into the Empire Hotel, where he found Timothy Donovan. Witness saw the accused sitting next to Donovan, who was asleep in an intoxicated state. The witness then saw the accused put his hand into Donovan's left-hand trousers' pocket and take out some coins, then go outside. Witness followed accused outside, and taxed him with the theft. Morgan offered him a shilling, if ho would say nothing. The witness refused, and brought the old man Donovan out of the hotel. The prisoner struck the witness on the jaw, when he spoke about the theft. To the prisoner : I did not ask you to. give _me a cut of the money. Michael Walsh, mate of the preceding .witness, gave corroborative evidence. The jury found the prisoner .guilty. The prisoner asked to be allowed to leave the country. After reciting a number of previous convictions against the prisoner, his Honour said : "No doubt you are a man of whom tho country would be well rid, but I shall have to keep you here a little longer. You will be sentenced to ■eighteen months' imprisonment with -hard labour." ALLEGED THEFT. Henry Mather, who had previously been found guilty of entering and theft, pleaded not guilty to a further charge to-day of stealing on the 22nd July, the sum of £5 iv money, tho moneys of John Corrie and others, trading under the name of the Hawkes Bay Fish Company. Bartollo Barto, employed «in the Hawkes Bay Fish Company's shop, Courtejiaypfeee, said that at 1.15 p.m. on the 22nd July, the prisoner came into the shop. A lady was present, making a purchase, for which she paid one shilling. Tho witness put it into the till. There was about £5 in the till at the time. After the lady had gone out, the prisoner asked if witness had any oysters open. He said he wanted to take them to the races. The prisoner went out, while the witness went to get, a bottle for the oysters. When witness came back, he saw the prisoner disappearing out of the shop door. The till was shut, but there was no money in it when tho witness looked. The prisoner did not go far, but he did not come back for the oysters he had ordered. Witness saw the prisoner again during the day, and pointed him out to the . constable. Constable Hodgson and Detective Bro--.berg also gave evidence. Henry Mather, the accused, stated that on the 22nd July he was out about two hours on business on that day. He. thought he would like to see the places called Trenthanij and decided to go tothe races. From the Albion Hotel hewent over to the fish shop and asked for 5 sixpennyworth of oysters. The boy there\ said there were none bottled up, and' witness said he could not wait. Going down to tho station, he came across. Madder, who invited hini to have another drink. They had several, and •witness found he had not enough money to go to the races. Witness went home for a sleep, but came baclc in about an hour, and spent the rest of the time un- • til 5 o'clock in the Albion Hotel. Cross-examined : He had not ordered oysters and told the boy in charge to wait live minutes. The prisoner then addressed the* jury at great length on his general experi-. ences. His Honour emphasised the conflict of evidence given by the shop-boy and by tho prisoner. It was entirely- a matter of credence. After twenty minutes' absence, the* jury returned a verdict of not guilty. Hid Honour ordered thafc the prisoner and Madder should be brought up tomorrow morning for sentence on the charge of entering and theft, of which they had been previously found guilty. SENTENCED FOR CARGO-BROACH-ING. William Gunn Mackay, who yesterday was convicted of having stolen goods from the hold of the steamer Blenheim, pleaded guilty this morning to stealing, on 2nd June, two bottles of brandy from the hold of tho steamship Piitiki. Mr. Wilford, on behalf of the prisoner, asked for probation. The police might have had the case dealt with summarily by the magistrate, but had ■ elected to do otherwise. The prisoner was forty-eight years old, and had borne an unblemished character. His Honour said he was quite certain, that the provisions of the First Offenders' Probation Act should not bo extended to a case like that which had' just been decided. The offence of j broaching cargo was one of a kind which was far-reaching in its effects. Not only in itself did it cause serious dam-

shipowners, but to the large body of men engaged in wharf labour it attached suspicion. The pe-reon who committed such an offence caused suspicion' to rest on a body of men, the majority of whom were honest men. They knew there were some dishonest men, and thoprisoner was one of them. His Honour added that he would not take into consideration tho fact that a quantity of other goods had been found at the prisoner's house. _ He would treat the two offences practically as one. Still he must inflict a penalty that would lead persons to believe that if they came before the Supremo Court and were convicted of such offences, they would not receive the benefit of the First Offenders' Probation Act. Theprosecution were quite right in bringing the case before the Supreme Court. On, each charge the prisoner would be sentenced to eighteen months'' imprisonment with hard labour. AUCKLAND SENTENCES. [BY TELEGRAPn. — PBKSS ASSOCIATION.] .' AUCKLAND, This Day. In the Supreme Court, Percy Stephen Tiond, charged with the theft of postal, notes, was admitted to probation. Stephen Gannon, for forgery and uttering, was sentenced to three years', to be concurrent, on each of three charges, Henry James Reynolds, for false pretences, was sentenced to three years' hard labour on each of four . charges, ,terms to be concurrent.