AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLIX, Issue 14926, 26 February 1912, Page 5

AUCKLAND SUPREME COURT.

ANOTHER SHOCKING CASE.

SENTENCE OF FIFTEEN .YEARS.

A DANGER TO THE COMMUNITY

Tub criminal sessions of the Supremo Court were continued on Saturday before Mr. Justice Chapman. The Hon. J. A. Tole, K.C., Crown solicitor, conducted the prosecutions. A young man, apparently between 30 and 35 years of age, named William Collins, pleaded not guilty to two charges of indecently assaulting two young boys at Auckland en January 4 last. Mr. R. A. Singer appeared for the accused. . Evidence in support of the charge was given by four young boys attending one of tho city schools, and by three other witnesses.. Mr. Singer contended on behalf of the accused that tho evidence was not sufficient to justify a conviction. The jury, after deliberating for threequarters of an hour, returned a verdict of guilty. > Mr. Singer was proceeding to ask lor something in the way of leniency. His Honor: I do not grant leniency in these cases. It is not a question of the man at all, but of the children. Mr. Singer admitted that tho offence was of a very serious and disgusting character, but ho wished to refer to what was evidently tho man's condition at the time. The prisoner did not appear to be a man who was in the habit of practising this kind of offence. His Honor : The circumstances suggest very strongly that tho prisoner has been addicted to the practice of this offence. Mr. Singer: I submit, Your Honor, that he was under the influence of liquor. His Honor : Yes, and ho would do tho same thing again if lie were under tho same influence. You have done your duty, Mr. Singer. Y'ou have done all you could under tho circumstances. Addressing tho accused, His Honor said : " This is a very plain case, and a very gross one, of corrupting young boys. 1 I have only these two instances before j me, but I have a very strong suspicion i that you are addicted to this kind of , thing. lam not, however, going to j punish you for that, but simply to deal j with these two cases. It is my duty to ' protect the children of this city and of any other place where I ait. It may be that I am going to inflict what may seem a harsh. sentence for an offence that you committed under the influence of liquor. But whilst undo? the influence of liquor you committed a most unnatural and cruel act. I will not say it is a barbarous act, because barbarians do not do this kind of thing. You have done something which might lead to the corruption and the ultimate ruin of these little boys. It is my duty, however hard it may seem, to protect them, and to keep you from prowling about the streets', and to ensure that you at least will not interfere with boys again."

A sentence of 10 years' imprisonment on the first count, and of five years on tho second was then passed. The sentences were ordered to bo cumulative, thus making a total of fifteen years' imprisonment. .'...,:

In addressing the jury, the judge remarked upon the frequency of these shocking cases, which justified the suspicion that the corruption of young boys was by no means uncommon, not only in Auckland, but in" one or two other localities in the Dominion. Grand juries, both in Auckland and in Wellington, had recommended him to order the lash in such cases. Ho had not done so in the present case, for the reason mainly that there had been no great degree of violence. Nothing worse could happen in a community than this kind of corruption. It was almost more shocking than the corruption of young girls. Nothing could be more disastrous than the results to which it was likely to lead.

BANKRUPT SENT TO PRISON.

Francis Berryman Kelty. lately in business at Whangarei, who pleaded guilty on Thursday to a charge of committing a breach of the Bankruptcy Act by failing to keep proper books of account for three years prior to his bankruptcy, came up for sentence.

His Honor said he thought a very short terra of imprisonment would be a sufficient punishment in this case, which was not a very grave one. The law, however, laid it down that when a man became bankrupt ho should bo able to show that he had at least done his best to keep such books as would keep him informed of his financial position. The prisoner, however, had not done this. When he found that his position was not clear he should have called in outside assistance. This was not a case in which probation could bo granted. A sentence of fourteen days' imprisonment, with hard labour, was passed. ' The Court was adjourned until 10.30 a.m. to-day.