BREEZE IN COURT.

New Zealand Herald, Volume LX, Issue 18345, 10 March 1923, Page 10

BREEZE IN COURT.

MAGISTRATE AND COUNSEL. ORDERED TO SIT DOWN. An interlude between magistrate and counsel occurred in the Police Court yesterday in connection with a sentence of 14 days' imprisonment passed pn a man for the theft of fowls. Mr. J. W. Poynton, S.M., was on Ihe bench. Last week Ernest Nottingham, formerly a utoreman employed by Turners and Growers, Ltd., admitted the theft of 13 fowls valued at £3 3s sd, and was »«- manded to allow of medical evidence being called on his behalf. Mr. Dickson appeared for accused. Counsel pleaded for leniency in view of the fact that the man was suffering from incipient tuberculosis and had a wife and children. If sent to gaol there was no doubt his health wpuld suffer. Mr. Dickson urged that in the circumstances probation or a fine would meet tho ends of justice. He referred to a Supreme Court case which had been adjourned owing to a man's ill-health. Mr. Poyntpn said the logical conclusion of this line of argument was that a man had only to plead incipient tuberculosis and he could commie theft with impunity. There was no evidence that prison would be detrimental to health. After further submission by counsel, the magistrate said :This man has been, a storeman for years. He is in a position of trust and manipulates tho books and juffgles them about to procure things for himpelf. It is not a case for probation. A short sentence will do him crood. I will take his health into consideration, but I cannot overlook the offence. Eouite«n days' hard labour. Counsel: May I draw your attention to the fact that only the pther day Your Worship gave a man only seven days' imprisonment for theft on the wharf. The Magistrate: You must not stand and argue, Mr. Dickson. It ip very improper for you, or any other solicitor, to stand there and argue about cases which have been dealt with. Each case must be dealt with separately. That will do. Sit down.

Subsequently the magistrate reduced the sentence to seven days.