PENALTY OF CRIME.

New Zealand Herald, Volume LXV, Issue 20132, 18 December 1928, Page 14

PENALTY OF CRIME.

SEVERAL UNUSUAL CASES.

WOMAN GUILTY OF FORGERY.

TWO YOUNG COUPLES IN COURT.

The first of a long list of prisoners who came before Mr. Justice Frazer for sentence in the Supreme Court yesterday was Dorothy Mainell, aged 24, who had pleaded guilty to two charges of forgery. Major Annio Gordon, of the Salvation Army, mado a statement to the Judge on the prisoner's behalf. His Honor said Major Gordon had suggested that in spit© of what had happened it was not a case for imprisonment. However, in the interests of her baby, prisoner should stay for another two months at tho maternity homo, and after that in her own interests she should go to tho Mount Magdala Home, Christchurch.

His Honor orderod prisoner to como up for sentence at any time when called upon within two years, a condition of her release being that she should stay for two months at the Salvation Army maternity home, and that thereafter she should go to the Mount Magdala Home for the remainder of the two years. False Marriage Declaration. Jointly charged with making a falso declaration of marriage at Dargaville, and with aiding the commission of that offence, James Raymond Smith, aged 27, and his wife, Elsio Mildred Smith, aged 18, stood in the dock together. Mr. Hubble, for the Crown, said he had nothing further to say oil tho very unfortunate position the prisoners wero in. His Honor said the male accused had once previously been in trouble, but that was several years ago, and there had been nothing since that called for comment. He placed both the prisoners on probation for a year. Described by Mr. Singer "as only a girl of 19," Lyla May Baker appeared for sentence for permitting the use of an instrument. Edward Kelly, aged 23, was charged a few minutes later with unlawfully supplying a noxious thing. Mr. Singer said that, like many another, his client bad made a grave mistake, for which she had paid a very great penalty. Her name and the namo of her people bad become besmirched by her conduct. His Honor: I thought she was an orphan. Mr. Singer said she had close relatives who were highly reputable people. She had work to return to, and ho asked for probation. Probation Tor Two Years.

His Honor said it seemed to have been an unfortunato case, and the girl had been: frank and, straightforward. with tho police. Her employer was willing to take her back and take a kindly interest in her. In tho circumstances he thought counsel's application was quite justified, and sho would be admitted to probation for two years. , . On behalf of Kelly, Mr. Singer said he had been living in New Zealand for six years and had an unblemished record. He was charged only with an attempt, and he, too, had been perfectly frank with the police. He submitted that his offence was no worso than that of the unfortunate girl. His Honor said the offence was a serious ono in the eyes of the law. However, prisoner was only a very young man, and probably did not consider all tho possibilties of committing the offence. Ho did not want prisoner to think tho offence was not serious, although thero was a great deal of it going on, but he was a yonng man and had been perfectly frank with tho police about it. Ho would bo 'admitted to probation for two years, and ordered to pay £1 Is, costs of the prosecution.

Question of War Service. William Cecil Rhodes, bad pleaded guilty to theft of a horse, saddle and bridle, mado an unsuccessful plea on account of his war service. He handed in a written statement, and said a magistrate had ordered him to be medically examined, as ho had been wounded in the head.

Aftor rending the statement, His Honor said: " You seem to have done your bit as far as war service is concerned, but I am afraid I cannot accept that at this lato stage as an excuse for anything that has happened since." Mr. Hubble, for the Crown, said tho prisoner's list precluded anything further being said. His Honor said tho difficulty in associating prisoner's war injury with his present trouble was that he had 12 convictions at least before the war started. Prisoner stated that when ho had a few drinks he thought he was smart, but ho was only a fool. In that the polico agreed with him, and said practically the same thing. Drink appeared to be his real trouble. Ho was one of those men who should not take it. Most of tho thefts in his long list had been of a trivial nature, although this one was a little more serious. Ho would be sentenced to 12 months' imprisonment with hard labour, tho sentence to be concurrent wifli one of six months he is now serving. Breaking and Entering. Sentence of 12 months' hard labour was pronounced on Olaf Christian Karlson, aged 53, who had pleaded guilty to two charges of breaking, entering and theft and one of being found unlawfully by night with house-breaking instruments. " The probation officer does not recommend probation in your case," said His Honor. "In fact., it would bo impossible to do so in view of your list. This time you seem to have gone back again to one of your earlier classes of offence, breaking and entering." His Honor added it was not a case where one could attempt to do any good by probation or any other means.