PUNISHED FOR CRIME.

New Zealand Herald, Volume LX, Issue 18317, 6 February 1923, Page 9

PUNISHED FOR CRIME.

TEN YEARS' IMPRISONMENT,

OFFENCE AGAINST A WOMAN

PREVIOUS LONG SENTENCE A number of prisoners :f came -tip for

sentence at the Supreme Court before Mr. Justice Stringer? yesterday. "• ' -' i ■£,' "It is quite evident this man is a sex maniac and not fit to be at large," said His Honor in sentencing Tuhaererea Tamata to ten years' imprisonment for assault with attempt to commit rape at Opotiki. In reply to His Honor prisoner admitted that in 1903 he had been sentenced to four years' imprisonment on a similar . charge, and in 1912 sentenced to ten years' imprisonment, for rape. The police report was that while the man was at large women were not safe. His Honor therefore imposed the full penalty allowed by law. ;.'■■ Women Placed on. Probation. She appears to be an exceedingly clever and cunning woman, said His Honor in reviewing the case of Ellen Elizabeth Elliot, who had pleaded guilty to a series of charges in connection with the wrongful withdrawal of moneys, totalling £23'J, from the Auckland Savings Bank, having used a counterfeit impression of the money order and savings bank' stamp. She had also obtained £43 from Walter Lambourne by false representations, giving bills ;of sale over furniture, some of which was not her own. ':-..'. -'< ,''-:_-. Mr. , Singer, who appeared for the husband, sad • the operations of. accused had stunned and practically ruined; his client. Counsel asked that probation be granted. Accused was placed on probation; for a term of three years, one of the special conditions imposed being that she remain in the . Salvation, Army Home for the first 12 months. ' ■!'.'"■'' Mary Ann* Dizac (Mr. Singer), who had confessed to receiving goods stolen by Charles King, a confirmed criminal who is now serving a term .of imprisonment, came up for sentence. Counsel pleaded that it was the evil influence of King that had led the girl astray. She had returned to hfr husband, who had forgiven her for her association with KingThe husband had also undertaken to make good the losses caused through his wife's acts. '_\ '; ■ ■ _ .',':■' » '■' In placing the woman on probation for two years His Honor said he was convinced she was made a tool of by .King, who used her as a means of getting rid of goods he had stolen. He would make no order against the husband, as he considered that quite unfair. > Questions of /Mentality. 5 A plea that his mental condition was such that he did not realise the gravity of his actions was mane by Alfred Joseph Vance Ryan, in . reference to five charges of false pretences and one of forgery and "uttering at' Palmerston North and New Plymouth. 1 '■''-■• It was mentioned that accused was undergoing two years' detention at Roto Roa Island. His Honor ; said :, he recollected that accused was tried before him previously on similar charges and acquitted on mental grounds. ....... ,-..i<~.)y..k '.'.-'.:.:..'•..■:':.,.;;■>; Mr. Paterson, however, stated that Ryan was no longer, suffering: from . shellshoc.t, and was in possession of his menta' faculties. ■ > / , - '. -■ ;•£•■;;,;',. , ■ On receiving an assurance, that -accused would remain for the full term of two years on Roto Roa Island His Honor ordered accused to come up I for sentence when called upon, saying that if he did not leave the island during that period he would hear nothing further of the present cases. ■..'; , i^* : ' : *' ; ' ; <;'; ;i : : y;..; '■;;•;■—*■; In • respect to a youth of 18 years who had pleaded guilty to a charge of indecent assault at > Ngaruawahia, counsel} stated that accused, was the son 'of respected parents, and had had ; the benefit l;-of the influence of an excellent; home, but owing to his low mental state'could: not be allowed to follow a trade and had been sent to work in the country." v V " :; '•'>:.'■ His Honor said that while anxious;that

nothing should be done "•. to "' lessen \ the protection of women and children, he thought this was an exceptional case. The manner in which the offence had been committed showed that it was more an act of stupidity, no doubt prompted by a certain temptation. He adjourned the.; case for 'three months. In the meantime a minor operation suggested by medical witnesses could be carried out, \ and if this Had the beneficial effect expected and suitable arrangements were made for the . youth's employment, he could be placed on a % moderate term of probation. An order was made that the accused's , name , should not be published ''.". ' / ' ■ \• ,' Breaking and Entering. / v Norman Selwyn . Connelly (Mr. Dickson)) who had pleaded guilty ;to charges of breaking, entering and 'theft .at; Onehunga, •;. including ■/; an ./;; entry ;/ into /his brother's r house, -was sentenced \to . two years' imprisonment, and ; declared %an habitual criminal. v. Counsel said that accused was of low mentality and there was nothing '*'/. very outstanding about any/of the charges. ;ii/ His Honor, ', however) pointed 'out that i the man's ' record '* was ; bad. showing con- i victions for breaking/entering and theft, receiving, and assault on a woman. ' ; Harold Frederick James pleaded guilty to breaking /i nt the •.. premises of a Chinaman ;at TGlenfield in September last, % and stealing money and goods >to a total value of £9 165.// It ,; was mentioned that in Wanganui in December he had bee,n sentenced to two years' reformative detention on several charges. : His Honor therefore committed accused to two/years' reformative detention from December/ last, to run concurrently with the , sentence imposed at Wanganui., ( "■ Board's Money Stolen. , »■ "

The theft of moneys belonging : to the Auckland' Education Board A was < admitted ;; by Neville John :Gall" (Mr. 'Moody).'; Counsel said that following ; domestic trouble the accused started drinking J and ' took the board's money. ;, After he had gone | South he repaid 'the/ board anonymously, and the board had now been overpaid to the extent of £4. There was still; a cheque ! for £18 outstanding which accused was ready to pay. In placing /Gall/ on /two years' probation, , Hiu Honor 'saidv/ that generally /speaking•'./ probation '; was r-\ not granted in such breaches of ; trust, but the circumstances here were exceptional. ■ Making False Declaration. V ! William Theodore ■// Thompson, whose presence in the ' dock recalled the Sucirier tragedy in which a,• woman . caused the death of her daughter and 'herself/committed suicide) was up for sentence ',■> on s charge of,'making : a false declaration before the registrar of i marriages) to which he had pleaded guilty. s ! Mr. Paterson said that prisoner gave \ the name of i Scott when 'he i was married to the unfortunate woman, his object apparently being to conceal from his wife that he was then on probation. '?s:[ / ''; His Honor said that as ; the ; man /was already undergoing a sentence 'of two years', reformative- detention he would discharged on the present charge. ; ~?' / Forging Orders ;by Maori. .:,■ A Maori • named ; Waaka ; . Hopi was sentenced to two 'months' \ imprisonment on a charge 1 of forging orders on a store and obtaining goods to the value of £12 lis. The accused i pleaded guilty and' asked ■ for probation, but His Honor referred to the man's four previous convictions, arid said a short : sentence 1 was/ necessary. Had it not been •; for,: the : previous ' lapses .His Honor said he would ■:■ have been inclined to treat the accused leniently, as he had offered to repay the lossiand had already given services in part payment. i