THE SUPREME COURT.

New Zealand Herald, Volume LX, Issue 18322, 12 February 1923, Page 9

THE SUPREME COURT.

CRIMINAL SESSIONS END.

PRISONERS FOR SENTENCE.

TWO DECISIONS DEFERRED.

A number of prisoners whose cases had been dealt with during the week came up for sentence before Mr. Justice Stringer at the Supreme Court on Saturday, when the criminal sessions were concluded.

Jessie Armstrong, Agnes Hill, and Oswald Jensen, who had been found puilty of illegally using an instrument with intent to procure a miscarriage, were brought before the Judge. Mr. R. A. Singer represented Armstrong and Hill, the latter on behalf of Mr. E. Inder. Mr. Allan Moody appeared for Jensen. - His Honor said that he had received a pile of documents. in regard to some previous charges in ' which the two women were involved, and he desired an opportunity to persue these papers in order to ascertain the extent of Mrs. Hill's association with the cases.. . Mr. Singer 'observed that on both these occasions the accused were acquitted. His Honor added that counsel would have an opportunity of seeing the papers. Mr.' Singer then stated that Mrs. Hill had been in a ,very low state of health while in custody, and asked 1 that medical reports on the health of both women be obtained.

His Honor agreed to this and deferred sentence until next Saturday.

HARD LABOUR BY REQUEST. ; George Waterman, aged 26 (Mr. Goulding), who had pleaded guilty to the theft of a watch, chain, and pendant, valued at £25, came up for sentence. Counsel explained that the prisoner had been a jockey before the war. He had since undergone ten operations following wounds sustained at Passchendaele and was unable to follow hi* occupation. He had been maintained by his father, but had given way to drink, and in a foolish moment had taken the articles from a man in an open bar and had lodged them later with a billiard saloon keeper in connection with some games he had played. His Honor interjected that prisoner had been sentenced to two years' reformative treatment in 1920.

Counsel agreed that this was so, but said that prisoner had an idea that hard work would be beneficial to him and dosired to be sent to Roto Roa Island for a period, or in the alternative that he should be sentenced to a short term of imprisonment—say six months—rather than that he should bo subjected to reformative treatment.

His Honor remarked that as the man seemed to think that hard work would be good for his moral health he would oblige him, but he did not think that six months would be sufficient to impress the lesson upon him. The sentence would be 12 months' imprisonment, with hard labour.

TWO MEN GRANTED PROBATION.

A term of two years' probation was granted in the case of David Ryan (Mr. Singer), who pleaded guilty to a charge of assaulting a companion, causing bodily harm.

Counsel said that the assault was committed during a drinking bout. Th»» prisoner, who was a farm hand working in the Rangiriri district, had been in custody for some Weeks ' Mr. Paterson, for the Crown, added that the injuries to the assaulted man were not serious.

Special terms of the probation were that the prisoner take out prohibition orders covering the period of his probation and pay the cost of the prosecution 18s 9d. The case of Henry John Coutts, an elderly man, who had admitted obtaining money by false pretences in the Waikato, was held over earlier in the week to enable the authorities to ascertain whether prisoner could obtain work if placed on probation. When he again came up on Saturday, Mr. Paterson stated that the Public Works Department would employ Coutts. His Honor said he thought it was a proper case for probation. Although there had been several charges of false pretences, the .offences had all been committed within a very short space of time, and while the man was on a drinking bout. Coutts also seemed .to have some reason to believe that he had some money coming to him at the time of tho offences, a belief which subsequently proved to be unfounded. He had borne a good character prior to the offences, ana his military record was also good. -, /he prisoner wag placed on two years' probation and ordered to pay £4 15s, the cost of the prosecution, and make restitution to the extent of £17. He was also required to prohibit himself.

YOUNG MAN'S FRAUDULENT ACT.

A young' man, 119 years of age, John Albert Roberts (Mr. Sullivan), had pleaded guilty earlier in the week to a charge of obtaining a motor-car by means of a valueless cheque for £112. Counsel istated A ,that the crime had been committed while , the prisoner, who had come down from the Northern Wairoa, was under the influence of drink.

It was mentioned that the young man had been placed on probation at the age of 15 for trie theft of an overcoat and w«s later sent to Wereroa for another o'lcnce In 1921 he was fined 20s for false pretences.

Counsel claimed, however, tiij.r, the 1921 offence was the outcome of a joke more than anything else. At ihe age of 17 lie had married a young girl without tho consent of her parents, as a result of v.hich she was alienated from her people and would be thrown on the world if ner husband were sent to gaol. The owners of the car would be compensated for the depreciation to the car, which was estimated at £25.

Sentence was deferred for one week, pending a report by the probation officer, bail being allowed in the meantime.