GIVEN A CHANCE

Hawera Star, Volume LIV, 27 October 1934, Page 6

GIVEN A CHANCE

Moving Plea From Dock Saves Prisoner SERIES OF BURGLARIES BROTHERS ADMIT GUILT (By Telegraph—Press Association.) WELLINGTON, To-day. A brief, but moving plea, from the dock after counsel had spoken on his behalf and when Mr Justice Ostler was about to pass sentence upon him in the Supreme Court saved Mervyn John Cudby from being declared an habitual criminal with his brother, Arthur Cudby. He appeared for sentence on five charges of housebreaking, to which Arthur Cudby, near the end of the trial, had dramatically pleaded guilty on Thursday, and on which Mervyn Cudby was found guilty by the jury. This morning each pleaded guilty to four charges of housebreaking, and to a charge of having been found unlawfully in possesion of housebreaking instruments. Mr Justice Ostler, although having just previously expressd the intention of doing so, refrained from declaring Mervyn Cudby an habitual criminal, and ordex-ed him reformative detention for a period not exceeding four years. Arthur Cudby was sentenced similarly for a period not exceeding three years. The Crown Prosecutor pointed out that there were 24 convictions against Mervyn Cudby in 19 years. Air Justice Ostler referred to the fact that there had been an epidemic of housbreaking in Wellington, and that it ceased immediately upon the arest of the pi’isoners, and that the police had prepared evidence in fifty cases against them. He said Mervyn Cudby had made up his mind to live by preying on society instead of working, and apparently for that purpose recently had purchased a car to use in his trade of housebreaking. He did not like to declare a man an habitual criminal. He always hesitated to do so, and in the ten years he had been a. judge he had only done it on, two occasions. It seemed to him that he would be failing in his duty if he did not declare Mervyn Cudby an habitual criminal.

At this point Mervyn Cudby appealed to His Honour not to declai-q him an habitual criminal this time, but to give him one last chance.

In leply to His Honour, he said that if given a chance he would make up his mind to give up crime when lie finished his sentence. Mr Justice Ostler said he would give him a chance, although he was not sure he was not failing in his duty to the public