ACCUSED’S PLEA FROM DOCK

Nelson Evening Mail, Volume LXVI, 30 October 1934, Page 8

ACCUSED’S PLEA FROM DOCK

FOR LAST CHANCE JUDGE GRANTS REQUEST [By Telegraph—Press Association] WELLINGTON, 27th October. A brief but moving plea from the Jock after counsel bad spoken on his behalf and Mr Justice Ostler was about to pass sentence upon him in the Supreme Court, saved Mervyn John Cud by from being declared an habitual criminal. With his brother, Arthur Cudby, he appeared for sentence on live charges of housebreaking, to which Arthur Cudby near the end of the trial had dramatically pleaded guilty and on which Mervyn (Judby was found guilty by the jury. ’This morning each of the accused pleaded guilty to four other charges of nousebreaking and to a charge of having been found unlawfully in possession of housebreaking instruments. Mr Justice Ostler, although having just, previously expressed his intention of doing so, refrained from declaring Mervyn Cudby an habitual criminal and ordered him instead to be detained for reformative treatment for a period not exceeding four years. Arthur Cudby was sentenced similarly, the period not to exceed three years. The Crown Prosecutor pointed out that there wer e 24 convictions against Mervyn Cudby in nineteen years. Mr Justice Ostler referred to the fact that there had been an epidemic of housebreaking in Wellington and that *it had ceased immediately on the arrest of the prisoners. The police had prepared evidence in fifty cases against them. Mervyn Cudby had made up his mind to live by preying on society instead of working and apparently for that purpose he recently purchased a car to use as a. tool in the trade of housebreaking. He did not like (o declare a man an habitual criminal. He had always hesitated to do so and in the ten years he had been a judge lie had only done it on two occasions. It seemed to him that lie would lie failing in his duly to the public if ho failed to declare Mervyn Cudby an habitual criminal. At ibis point, Mervyn Cudby appealed to his Honour not to declare him an habitual this lime, but give him one last, chance. In reply lo his Honour, prisoner said that if given a chance he would make up his mind lo give up crime when he finished the sentence. Mr Justice Ostler said he would give prisoner a chance, although ho was not sure lie was not failing in his duty to tile public.