SUPREME COURT-CRIMINAL SITTINGS.

Hawke's Bay Herald, Volume XXII, Issue 7613, 9 December 1886, Page 3

SUPREME COURT-CRIMINAL SITTINGS.

Wednesday, December 8. (Before liis Honor the Chief Justice.) LARCENY OK I'OST LETTERS.' Frederick Hill, who pn the preceding day had pleaded guilty to seven oharges of stealing post letters, was brought up for sentence, Mr Diok, who appeared for prisoner, stated that he wished to apologise for having accidentally mis-stated the prisoner's age. on tlio previous day. Instead of him only being 17 years |of ago 1/VJfc March he- was tlioii. 18' years old.. Like many other youths, ho could hoast of a very prosperous career until ho gave way

to crime. When residing in the Wairarapa district ho took a scholarship when only 14 years of age, and subsequently wont to the Wellington College. After leaving college ho entered under Mr Wardell, Resident Magistrate for the Wairarapa district, as clerk of the Resident Magistrate's Court-. He remained with Mr Wardell about 18 months, and then entered the service of tho Postal Department in the Masterton Post-office. He subsequently came to Napier, and remained in the Post-ollicc there until arrested. When ho once gave way to temptation he appeared to have lost all control over himself, and acted so that detection was certain to follow. His Honor : What was he doing with tho money stolen J What habits did he have to lead him into this ? Mr Dick was afraid that the only explanation was that prisoner had been addicted to gambling. In reply to his Honor, Mr Jago, duel postmaster at Napier, stated that he could only guess the amount of tho money stolen, but he supposed that it was from £50 to £60. His Honor could not conceal from himself the widespread mischief arising from letter-stealing, which was not represented by the actual amount of money stolen, as it was probable that for every letter containing money purloined, a dozen or more other letters were destroyed, and so never reached their destination. Mr Dick urged that prisoner's position exposed him to great temptation, especially as he only had- £76 a year. His Honor : A youth of prisoner's age paid that sum per year is far better remunerated, in proportion to age and services rendered, than is usually the case with men at 25 years of age. Mr Dick : The prisoner was away from homo, your Honor, and what would otherwise have been a very good salary became insufficient. His Honor said that the quostioji was a very difficult one. In the public service the Government had a system of employing cadets, and then, it seemed, when one of these cadets committed a crime, the 3onrt was to be asked not to punish him because he was only a boy. Mr Dick submitted that the object of the law was not so much retaliation, but to promote reformation. A I)r Hoskings, in the Wairarapa district, was willing to take prisoner on a station and look after him well for a time. His Honor did not agree with the system which so generally entrusted the administration of public offices to cadets, but in reference lo the post-office that objection did not so much apply. They did iiot handle money, and the services were such as could be easily performed. It would be absurd to say that cadets should not be employed because they would steal letters. Even banks had to employ cadets. Mr Dick urged that prisoner's case might be well dealt with under the Probation Act. His Honor did not see how the case came within the Act. Prisoner had pleaded guilty to a series of offences extending over a long period, and the one mentioned in the indictment now before the Court could not be considered a first offence, and the Probation Act was intended for iirst offenders. Mr Dick : It is the first time lie has been convicted. It is very much within your Honor' discretion as to dealing with the prisoner under the Act. His Honor: I cannot quite see it. I would not have heard yo\i at all but for the prisoner's youth, which makes one anxious to strain tho law, or to do anything that would tend to save prisoner from a life of crime. I have very serious doubt whether I am interpreting the Act rightty, but I will take the iirst indictment and deal with it t under tho Probation Act, and call upon the prisoner's father to enter into a bond for £100 and. the prisoner also in £50, to come up for judgment when called upon in reference to the other indictments.

His Honor instructed Mr Dick to prepare the requisite documents, and prisoner, after entering into recognisances, left the Court with his father. • VORGERY AND UTTERING. Robert Mitchell, who had pleaded guilty 011 the preceding evening to two charges of uttering forged orders for the payment of money (each for 10s), urged in mitigation of his offence that he had been 1C years in the colony and had always borne a good character, and that when lie foiged and uttered the orders he was under the influence of liqnor. His Honor sentenced prisoner to 18 months' hard labor on each charge, the sentences to run concurrently. HORSE STEALING. Henare Kahukino, charged on two indictments with horse-stealing, made a very peculiar defence. He was convinced that something his wife had done had led him to take the horses, and he thought that if he could address the Court on the laws relating to women he could show this. This opportunity .being denied him, he wished his Honor to hear 1 what God's law said on the subject. His Honor considered that the jury would not be affected by (hat, and advised prisoner to devote himself to proving, if possible, that he was not guilty. Prisoner was of opinion that God made Solomon in order that Solomon might make the temple, and that charges might he heard in the temple and decided by_ Solomon. His Honor again advised prisoner to address the jury with something relevant to the charge, but ho then subsided into silence. The evidence taken seemed to show that prisoner was a much shrewder man when not in custody than his peculiar statements to the Court would make him out to he, and that his devotion to Solomon and God's law did not influence him in the direction of leaving to owners of horses the undisturbed possession of their property. The prisoner was found guilty upon both indictments. In reply to the usual question prisoner stated that his wife had misbehaved liersolf at the prosecutor's settlement, and that he took the horses as idii. His Honor said that he would sentence the prisoner, and if there were any truth in his story about his wife he could petition the Governor. The prisoner said that he would petition God. His Honor had no objection to prisoner doing that, but suggested n, petition to the Governor as the most suitable course. Prisoner : What is the name of this Court? Is it to be found in any document published ? His Honor: Yes, and it is called the Supreme Court of New Zealand. Prisoner : Then I shall object to the decision, and petition the Governor. on the law of God. His Honor sentenced prisoner to two years' hard labor on each charsre, the sentences to run concurrently. Prisoner expressed the opinion that he had received a very severe sentence, and said that lie would inform God of the matter, and see if Solomon did not build a house for the trial of causes before God.He should cause the Governor to know. CRIMINAL ASSAULT. Joseph Norden iicll, a respectable looking man of good addvess, was charged with criminal conduct with a girl between ilio ages of 10 and 12 years, and also with indecent assault. Mr Cotterill conducted the case for the Crown. Prisoner, who pleaded not guilty, asked his Honor to appoint a counsel for. the defence. His Honor stated that he had no power to do as requested, but he would be glad to see a member of the Bar undertake prisoner's defence. No solicitor responded to the suggestion, and during the hearing of the case prisoner defended himself with considerable fluency and at great length, although the line of defence adopted did not seem very convincing. The evidence taken was quite unfit for publication. At the conclusion of the evidence the prisoner madu a long address to the jury. The case lasted from 2 o'clock till 10.D0 o'clock p.m. His Honor's summing up was most careful and painstaking, all the evidence being reviewed. Prisoner was found guilty upon both counts of the indictment. His Honor ordered prisoner to bo brought up for sentence next morning. ■'The Court adjourned till 10 o'clock this (Thursday) morning.