PRISONER’S PLEA

Hawke's Bay Tribune, Volume XXIV, Issue 269, 27 October 1934, Page 5

PRISONER’S PLEA

Makes Impression on Judge NOT DECLARED “HABITUAL” Brothers’ House breaking Exploits (By Telegraph-Press Association.) WELLINGTON, Oet. 27. A brief but moving plea from the dock after counsel had spoken on his behalf and Mr. Justice Ostler was about to pass sentence upon him in tho Supremo Court saved Mervyn Uudby from being declared an habitual criminal. With a brother, Arthur Cudhy, he appeared for sentence on live charges ol housebreaking, to which Arthur, near the end of tho trial, had dramatically pleaded guilty on Thursday, and on which Mervyn was found guilty by the jury. This morning each pleaded guilty to four other charges of housebreaking and to a charge of having been found unlawfully in possession of housebreaking instruments. Mr. Justice Ostler, although having just previously expressed his intention ot doing so, refrained from declaring Mervyn Cud by au habitual criminal and ordered reformative detention for a period not exceeding four years. Arthur Uudby was sentenced similarly tor a period not exceeding three years. The Crown Prosecutor pointed out that there were 24 e.mvictions against Mervyn Uudby in 19 years. Mr. Justice Ostler referred to th« tact that there had been au epidemic of housebreaking in Wellington and that it ceased immediately on the arrest of the prisoners, and that the police had prepared evidence in 50 cases against them. Ho said Mervyn Uudby had made up his mind to live by preying on society instead ot by working, and apparently ior that purpose Uo recently purchased a car to use as » tool m his trade of housebreaking. He did not like to declare a man an habitual criminal. He always hesitated to do so, and in the 10 years that ho had been u Judge he had only done it on two occasions. It seemed to him that he would bq failing in his duty to the public if he failed to declare Mervyn Cudby an habitual criminal. At this point Mervyn Cudby appealed to His Honour not to declare him an habitual criminal this time, but to give him one last chance, in reply to His Honour he said that if given a chance he would make up his mind to give up crime when he had finished his sentence.

Mr. Justice Ostler said that he would give him a chance, although he was not sure that he was not failing in his duty to the public.