DYING MAN IN THE DOCK.

Manawatu Standard, Volume XLI, Issue 9221, 25 May 1910, Page 5

DYING MAN IN THE DOCK.

CONSUMPTIVE CONVICTED OF THEFT.

A PAINFUL CASE.

"I can't make an. order against a dying man," was aj remark passed by his Honor Mr Justice Cooper in dealing this morning at the Supreme Court with William Worthington, found guilty yesterday of theftof two rings from a woman at Dannevirke. Worthington came up for sentence this morning. He was a middle-aged man, well-dressed, and bearing the marks of good breeding. He was a. remittance ipan, suffering from an incurable disease —consumption. Asked if he had anything to say why sentence should not be passed upon him Worthington said he had already been in gaol ten weeks awaiting trial. Ho was suffering from an incurable disease; he had been in five different hospitals in New Zealand receiving open air treatment, and had altogether spent about two years in the hospitals. He found it impossible to get employment and only receiving small sums of money from home h© was not in a position to maifttain himself altogether. He had now ,by the kindness of friends, however, been placed above, the necessity of resorting to dishonest methods of obtaining a lievlihood, for he was to receive larger sums of money from Home. "I have only a few months—probably only a few weeks—to live," the accused man, and I trust, your Honor will not send me to gaol, but if possible to one of the sanatoria. I have the testimony of Dr. O'Brien and Detective Cassella to my condition." His Honor: I notice that on two previous occasions you have been convicted of theft and on two other occasions of false pretences. I also notice that Detective Caseells states that you arc more of a fool than a crfmir.al. You are certainly quite .unfit for the gaol cells, not only for your own good, but because your presence would be detrimental to the health of other prisoners who would afterwards inhabit the cells. I don't quite know what to do with you, however. 1 don't know whether I have any _ jurisdiction to commit you to a sanatorium. Sub-Inspector O'Donovan suggested that prisoner might be sent from gaol to a sanatorium just as other prisoners were sent from gaol to hospitals. The polico regulations provided for that. His Honor said he would take into account the fact that prisoner had already been in confinement for a considerable period. The proper course would be to send him to a sanatorium in which proper treatment could be given, and where he would not be a menace to the health of other people. "I think,' continued his Honor addressing prisoner, "you were properly acquitted on the charge of false pretences. On the other charge you will oo sentenced to imprisonment without hard labour in the Napier gaol, and I will recommend your removal as soon as possible within that period if the Government see fit to do : "1 would like to express my appreciation of tho consideration shown me by Detective Cassella on account ot my health." The Crown Prosecutor asked what was to be done in reference to the rings. ' His Honor said the pawnbroker had come by them quite honestly and should have tho rings till they were redeemed. If prisoner had any money after providing for himself ho should certainly see justice done to the woman who owned the rings. _ Prisoner promised to do so and was then removed.