SUPREME COURT.-CRIMINAL SITTINGS.

Hawke's Bay Herald, Volume XXII, Issue 7612, 8 December 1886, Page 3

SUPREME COURT. -CRIMINAL SITTINGS.

Tuesday, December 7. (Before bis Honor the Chief Justice.) The following gentlemen were sworn in as a Grand Jury:— Messrs M. R. Miller (foreman), K. V. Williams, B. Wellwood, 11. J. Twigfi, J. N. Bowerman, 11. L. Donnelly, U. H. Edwards, C. D. Kennedy, N. Kettle, B. L. Knight, It. Brooking, It. 1). I). M'Lcan, J. Forsler, J. Itoehfort, T). Glendinning, W. T. Irvine, J. W. M'Dou«all, F. Peacoclc, E. R. Kiohardsoa, and E; W. Knowles. Mr 11. Jl. Murdoch was excused on n doctor's certilicate ; Mr I l '. Algar was excused on account, of bereavement in his family. TUB CirAUOB. His Honor delivered the following charge : — Mr Foreman and Gentlemen of the Grand Jury, — Tho cases in this calendar embrace ]f> prisoners, though the number of charges is somewhat more than that. J am informed by the Registrar that (lie number of cases is more than at any previous sessions of the Supremo Court. I do not know whether there is any special reason for this— probably it is only due to the increaso of population. There is,- however, one fcatuio in the calendar which seems to me to be deserving ot your consideration, uud one which

it seems to me to be my duty to bring to your attention. At tho last session of the Court ono boy was charged with housebreaking; At the present sittings three boys arecharged — two witli housclir'eaking and one witli ioi : gery; .all being over fifteen years of age: I also see in a copy of one of the daily papers tliat ri. boy at Waipawa of about the same age lias been charged, apparently before the magistrates, with breaking into a shop and stealing therefrom. It seems from the newspaper report (supposing it to be accurate) that other offences of a somewhat similar kind have occurred in that district. This may be accident, which may not indicate the working of any influences bringing about crime among boys of this a"o; but on the other hand it may prove that there are at work some influences which deserve the consideration of those whose duty it is to bring suiih questions before the' Legislature. It certainly, does' setini, remarkable ili. a district which is apparently extremely well-to-do, aild bearing 'in. mind the extremely liberal provision made by the Legislature for the education of children— l say it is remarkable that crime of this character is found among persons of this age. It may be that the remarkable well-being of the community as a whole may be one o( the causes which produces it. My experience is that boys of this age are able to get, and do got, a much larger rate of wages in proportion to their necessary expenditure than' grown men. If that is so generally, it is probal.ly more so in this district than in any other if, as I believe, it is in a better position with regard to (he employment of labour than any other district. Certainly one is led to believe, from observation, that boys of this ago, when they easily earn large wages, are apt to get into very bad habits. At any rate it seems to me proper to bring it under your notice. It is certainly remarkable that at this sitting throe boys of about fifteen years of age arc charged with such serious offences as housebrcaking and

forgery. My experience had not led me to observe the same tendency to youthful crime at Wellington, Wanganui, or elsewhere. There is a difficulty in dealing with boys of this age— that is, supposing they are found guilty of the offences with which they are charged. There are, as you know', institutions called industrial schools and reformatories. W hether industrial schools deserve the name, and whether reformatories really reform, I am unable to say; but this I observe —that dilb of these boys was five ydars ago in a reformatory. lie was then ten years of age, and for five years, I presume, lie was in the reformatory. Ho returns to the district, and with another boy is said to have been found committing the oii'ence of honsebreaking. It may be, of course, that fie may be a very bad boy, who went into that school a bad boy, and who came out neither better nor much worse ; but this certainly is a matter deserving attention and consideration. These boys are now too old to be sent to a reformatory. There is a provision in the Industrial Schools Act which enables the Governor to direct that any boy sentenced to imprisonment shall be taken into one of these schools up to the age of eighteen. There are provisions in this case which enable the authorities with the sanction of the Cover-

nor, to license out or apprentice boys who are inmate sof those institutions. That, no

doubt, is a very proper power to have. It seems to 1110, however, that the power should be given to the Governor or some authority to sanction the licensing or apprenticeship of young persons who have been sentenced by tho Court, without them first being made inmates of these institutions. At the last sitting of this Court I took that course without any special authority, allowing a youthful prisoner to go fit largo on condition that ho came up for judgment when called upon. I was also enabled, ly the benevolence of a resident in the town, to make

provision whereby the prisoner was taken into the service of this gentleman. It seems to me that an amendment in the law is required to enable the same tiling to be done compulsorily — that is to say, where a young person up to eighteen years of age is convicted of an offence either the Court, or an officer of the Court, or the Governor, should be enabled to arrange for licensing him out, or putting with some respectable person — of course under legal control. It seems to me that some amendment of the law is required, so ■that it may not bo necessary to send such cases to reformatories first. I do notsec why every case should be so dealt with, or why boys not indicating a settled criminal character should be sent to these institutions at all. No doubt the parents should also be made to bear some of the burden of maintaining children at reforma-tories-or industrial schools where they are

in a position to do so. Tlic First Offenders' Probation Act does not apply to the case ofyoung persons— if H can ever Ijo properly used — it is for grown persons only. There is one other matter "to which I wish to call the attention of the Grand Jury, though it is not immediately connected with the administration of the criminal law. I refer to the great facilities of obtaining credit, as slio.wn in cases of bankruptcy. In more than one case of bankruptcy bronght before the Court at this sitting great facility seems to have been given to laboring men to obtain credit to a large anionut. I have observed nothing of this sort in other parts of the colony where I have had to administer the law. There

may have been such instances, but I cannot call them to mind._ In one instance here a laboring man in receipt of 6s 6d a day was able to obtain credit from a neighboring storekeeper to the extent of £15 in a mouth, mainly for luxuries ; and at the same lime be obtained credit for goods to a large amount from Napier tradesmen who could not have known

him. This indicates, ■it seems to me, undue facilities for obtaining credit, and tho subje'et is worthy of consideration^}' you and all the residents of the district. I have very few words to say as to the cases to come before you. I see no reason to suppose you will find any difficulty in dealing with those cases. I regret to say that there are two charges of assaults upon female children, as to one of which I have to say a word. [His Honor then directed the jury as to the difference in law between actual rape and nn indecent assault.] In this case the Crown may prefer bills both for felony and misdemeanor. There is a charge of arson — a most serious offence in a country like this, whero most of the houses are built of wood. You must bear in mind that this is one of those offences where it is to lie hardly expected that the act was witnessed by anyone. Generally the prosecution has to rely on circumstantial evidence. With these observations I ask you to retire to your room, where bills will be sent for your consideration. TRUE HILLS. The Grand Jury found true bills in the following cases :— Robert Mitchell, forgery (two indictments) ; George Broad, attempted rape and indecent assault (two indictments) ; Daniel Hoe, forgery ; Ilenarc Kahnkino, horse - stealing (two indictments) : Henry Connell and Alfred Cropp, kousobreaking ; Frederick Hill, larceny of post letters (seyen indictments) ; Frederick Hill, alias Ilird, larceny of a post letter; Norman Gustavus Hall, forgery; John Wallace, Thomas Cunningham, James Allen, and John M'Lean, larceny ; Thomas Francis Ruewand, arson ; Joseph Noah Bell, rape (two indictments). JUVENILK CP.tME.

Daniel Roe, a lad of sixteen, was indicted for forgery at Waipawa. lie pleaded guilty. The lad's father, manager of a farm at Poverty Bay, was present, aud expressed extreme regret at thu position in which his son was placed. In reply to questions, he said the lad had been unruly, and ran away from home when he was thirteen. Ho (the father) stated that if the boy were released he would find employment on Mr Arthur's station, where lie would reside with his parents. His Honor remarked Unit the lad had apparently proved hcyond control before--would ho be more amenable to homo influence!) now ? There was such a tiling as being too easy with children. Mr Roe said he feared that had been his failing, but he hod brought up a lar;re family, none of whom had been in trouble except this boy, and this was his first offence. There were now only two othor children at home. Mr Miller, chief gaoler, said lie had made inquiries but could not find out anything about (lie boy. He had been well-conducted while under witness's care. Witness believed this was his first offence. His Honor to Mr Hoe •. The question to my mind is whether he would not be better under control away from home. Mr Hoe said he was thirty niiles^ up country, away from temptation. The boy had solemnly promised to stay at home if he were allowed to go there. Mr Miller, replying to his Honor, said he was not in a position to tender advice as to the course it would bo beat to adopt. He understood that the polico oflicer at Hastings, where the prisoner had been living, was disposed to give him a very good character. Sergeant O'Malley naid the boy had been carrying the mails between Hastings and Kcreru, and had borne an excellent character. Two years ago be was working at a sawmill at Waipukuiaii. In reply to ids Honor, the prisoner said he was carrying Hie mail for Mrs Lyons, of Maraekakaho. He left that employment in consequence of illness. His Honor, after making inquiries as to the accessibility of Maraekakaho, said he would like to licar from Mrs Lyons something more about the boy, and the reason ho left her employment. He would postpone his decision unlil that inforfnalion was obtained. Constable I'ie.keiing was called and intruded tofiec Mrs Lyons on the matter, tho boy being meantime remanded. Al.MtfilH) I,AHUENY. Frederick Kirns, ttlia.i Ilird, wan charged with Hie larceny of a postal packet containing a watch-chain, the property of W. Cooper. Fiw-orlown, Wiiiroii. Mr Cottcrill prosecuted for the Crown ; Mr Dick dufcndutl prisoner,

Tho evidence has already been fully, reported. In 1883 a watch and chain were left with Mr Colledgo, watchmaker, to repair. Subsequently the watch and chain were posted to Mr Cooper, through Mr G'oldstono, Wairoa. The watch was delivered, but the Chain went astray. A lew months ago it wa3 found m the possession of a man a.t the Wairoa, who alleged that he bouglit it froni t-lio prisoner, who at the lime of the loss of the chain was a telegraphic linesman, and had access to the Wairoa Post-office. Mr Dick's cross-examination was directed to showing that the chain might have been taken by others. Tho jury returned a verdict of not guilty, and the prisoner was discharged. FORGEKY. Norman Gustavus Hall, late schoolmaster at Kumeron,, Seventy-mile Bush, pleaded guilty to the forgery of a cheque for.-Cl 10.5, Mr Sheath, who appeared for the prisoner, asked that ho might be dealt witli under the First Oll'emlers' Probation Act. ■ Sergeant Carlyon,- probationer ofneer under the Act.for the Woodville district, presented a very unfavorable report. He represented that the prisoner was a confirmed dunkard, and that he was accused of tampering with girls attending the school, and embezzling the funds of the ICumeroa Road Board. His Honor declined to deal with the prisoner under the Act, and sentenced him to eighteen months' hard labor. INDKCENT ASSAULT. George Broad was indicted for attempted rape on Jane Farmer, a girl under twelve years of age, at Hastings. He was also indicted, in relation to the same case, on the less serious charge of indecent assault. Mr Cotterill prosecuted for the Crown : prisoner, who pleaded not guilty, was undefended.

The evidence of several witnesses was taken, and the jury retired to consider their verdict. After an absence of nearly two hours the foreman (Mr A. Kennedy) relumed and stated that the jury had agrees! in relation to the second indictment, but that there did not seem much chance of an agreement on the more serious charge. His Honor said that the whole indictment must be. disposed of, and that he would wait till 7 o'clock to see if the jury agreed. Shortly after that hour the jury returned with a verdict of not guilty on the first count, and guilty on the second. The prisoner threw himself on the mercy of the Court. His Honor said that the law- allowed him to sentence the prisoner to be flogged, but taking into account all the circumstances of the case, ho thonght that the ends of justice would be met by a sentence of three years' penal servitude, the most lenient sentence allowed by the Act. JUVENILE HOUSEBBEA7CEBS. Alfred Oropp and Henry Council, two boys agfid about fifteen, were charged with breaking and entering the dwellinghouse of one Sliuttleworth, at Napier, and stealing therefrom various articles. Connell pleaded guilty ; Cropp at first pleaded guilty only to taking articles, and not to breaking and entering, but subsequently, on the advice of Mr Cornford, who appeared for him, he pleaded guilty without reservation. Mr Cornford addressed the Court on behalf of Cropp. He said he did not seek to palliate the oflonce, though palliation might perhaps be shown. Ho preferred to throw Cropp on the clemency of the Court and to point to the fact that the lad had creditably filled several situations in Napier, having to give up the last one through illness. He had obtained employment on a station up country, and was waiting to sjo there when he met Connell and committed the ofl'ence which had brought him before the Court. There was a conversational discussion between his Honor and Mr Cornford as to the terms on which Cropp should be dealt with. His Honor intimated that he did not intend to send the youth to gaol, but be was in difficulty as to the precise conditions of his release.

Mr Cornford urged that the First Offenders' Probation Act should not be applied to his client, as the boy would have to report himself every month. That would, perhaps, be difficult. A runholder in the country was prepared to take him, and the lad was anxious to go there, where he would be free from all evil associations. But if he were sent to drive sheep, for instance, he might not be at hand to report himself at the. proper time, and he would be liable to bo thrown into gaol. At best it would subject him to great inconvenience, and he would labor under the stigma_ of being under police supervision, -which might prove a serious hindrance to him in his endeavor to retrieve tho false step he had taken. He (Mr Cornford) asked his Honor to release the boy on Ills entering into recognisances to come up for sentence when called upon. His Honor pointed out that there were dillicullics in the way of that course, but ultimately he agreed to do as Mr (Jornford asked, and the hoy was released." With respect to Conuell, Detective Grace reported that at ten years of age be was sent to St. Mary's Industrial .School, lie being then beyond his father's control. Subsequently he was released on the application of his father. . His Honor said that if the lad were beyond control at ten years of age he was not likely to be amenable to control at fifteen. Did Detective Grace know what had become of other children sent to these industrial schools ?

Detective Grace said this was the only boy Bent from Napier who on his return had got into trouble. ]]is Honor : You think they come Lack improved, or at any rate more sensible? Detective Grace : Yes. Connell was called up, and in answer to his Honor, said he had no objection to being apprenticed. He would not object to go to sea, but did not particularly wish to do so. His Honor said this was one of those cases which the existing laws did not meet. Ho would not feel justified in treating him in the same way as Cropp, nor did the Probation Act supply what was wanted, As he had said to the Grand Jury, some means should be provided of liconsing-out or apprenticing boys convicted of offences, and giving tho parties to whom they were apprenticed legal control over them. He would communicate with the Government on the -subject, and in the meantime Connell must remain in custody. STEALING LETTERS. Frederick Hill was charged with stealing a post letter containing a money order on tho 21st of May, ISSG. He was also charged on six other indictments with similar larcenies of letters. Prisoner pleaded guilty to all the charges. Mi" Dick asked that his Honor would hear him on prisoner's behalf on the following morning. His Honor : How old is the prisoner? Mr Dick : Only eighteen years, your Honor. His Honor agreed to hear Mr Dick before passing sentence, and ordered that prisoner should bo brought up in the morning. HOKSE-STEALING. Henare Kahukino was brought up charged with horse-stealing. There were two indictments, tho first charging prisoner with stealing two horses, and tho second with stealing one horse. In both cases the animals taken belonged to Maoris. Mr Kelly acted as interpreter. In reply to tho usual questions prisoner stated that ho took the horses because of his wife. His Honor directed that prisoner should be further questioned. In reply to Mr Kelly prisoner stated again that he took the horses through his wife, and that he did so in order to be brought before the Court. He wanted to see the power of the law to deal with him. His Honor : He will soon sec that. Mr Kelly slated that prisoner was talking as though he wished to appear insane. Prisoner was further questioned, but would not respond to the leanest to plead to tho indictment, contenting himself by stating lhat he had discovered his wife to ' be unfaithful to him, that ho was sepaparated from her, and that he wished to lay the circumstances before the Court. After some further attempts to extract a plea from prisoner, his Honor directed that a plea of not guilty should be entered. When questioned on the second indictment, prisoner promptly pleaded not guilty. His Honor said that he would not empauitel a jury that evening, and 'directed prisoner to be taken down and the next indictment to bo called. KOKCSKHV. .Robert Mitchell was charged with forging and uttering an order for the payment of 10s, purporting to be signed by John billfold. Prisoner was also charged with forging and uttering a similar order for 10s, aim purporting to be signed by John Fulford, Prisoner, who was undefended, requested ncrmission to ask his Honor a question before pleading. His Honor assented, and prisoner asked if the orders "ought to bland good !' as they were written in pencil. His Honor stated that Iho fact of the orders being written in pencil would not idled the result. Prisoner : Oh 1 Then I'll plead guilty. JJi.s Honor ordered prisoner to bo brought up on (he following morning to be dealt with. The Court adjourned till 10 o'clock this (Wednesday) morning.