REFORMATIVE TREATMENT

New Zealand Times, Volume XXXIII, Issue 7355, 6 February 1911, Page 1

REFORMATIVE TREATMENT

LEGISLATION OF LAST SESSION PRISONERS SENTENCED BY MR JUSTICE CHAPMAN At the Supremo Court on Saturday morning seven prisoners camo before his Honor Mr Justice Chapman for sentence. In meting out punishment his Honor was guided to a considerable extent by the legislation of last session, which provides for tho detention of prisoners for reformative purposes. In three cases prisoners were given sentences ranging from six months to three years involving reformative treatment only; in two cases imprisonment with hard labour was imposed, the terms to bo followed by reformative treatment; an old offender was sentenced to two years hard labour and declared an habitual criminal, and a first offender was let off on three years’ probation. In regard to the cases involving reformative treatment, prisoners will be released before their terms expire, provided they are of good behaviour and tho board set up for tho purpose thinks tho persons concerned are fit to once more take their places in the community. TWO YOUNG CRIMINALS, - The first to be brought forward were two young men, Herman Henry Grell and Percival George Hester. They had pleaded guilty to breaking, entering and theft by night, at Wellington, on December 10th last. Mi- H. F. O’Leary, counsel for prisoners, said Hester was in a different position to Grell in that he had not jircvionsly been convicted. Ho asked tuat probation bo extended to the prisoner. Tho accused had been guilty of breaking and entering the City Buffet Hotel, but tho depositions showed that Grell entered tho premises and committed tue theft while Hester remained outside to koop -\yatah. Ho thought it ■would admitted that Hester had been led into participation by Grell, who had been convicted at Palmerston North in 1909 and sentenced to fourteen days' imprisonment. The latter was a married man with two children, and if he were sentenced to imprisonment his family would be thrown on the world in a destitute condition. Ho suggested to his Honor that Grell was a fit person for reformative treatment provided by >last session's Act. His wag«s i should be applied to the upkeep of his family. The Crown Prosecutor (Mr H. H. Ostler) said there was nothing known against Hester except that he hnd.de-; carted from. H.M.S. Pioneer; on which vessel ho was a stoker. The police accounts showed lie had been led into the crime by Grell. Prisoners had been in paol awaiting sentence for nearly two months. His Honor said he would accede to the suggestion of counsel in regard to Hester, but the period of probation would _be very much longer than any period of imprisonment for the offenpo would be. He preferred, wherever possible, to treat first offenders as probationers. The period of probation would bo three years, prisoner to pay J 25 towards tho cost of iho prosecution, at the rato < of 5s a month, commencing from April Ist. Addressing Grell his Honor said: "I think yours is a case in which I cannot ■do otherwise than, imprison " Hero Grell interjected in a heartbroken manner that imprisonment for him might mean the death of his wife, who was ill at the present time. His Honor: Many men come before .this court as criminals. If a distinction were made between married men and unmarried men, wo would have a class of criminals sheltering themselves behind their wives. I will make the sentence as light as possible. Instead of sending you to hard labour 1 will sentence you to reformative detention under the new system for a short period. It will bo for six months. HIS HONOR IK DOUBT. James McLean, 61 years of age, who had been convicted at Pending on two charges of false pretences, was the next prisoner brought forward. Accused entered upon a career of crime fifteen years ago and had many convictions against him. The only redeeming feature was that he Imd kept clear of imprisonment from 1905 to 1910. 'Tt is very difficult to know what to do with a case like yours/' commenced his Honor. '*You have been repeatedly convicted of fraudulent crimes and theft and the only thing that can bo said in your favour is that for five years you abstained from committing crime. As to your appeal for leniency, it is all very well on paner, but I am told you deserted your wife and children, and it is not much to your credit in telling mo that vour wife and children are depending on you when vou treated them in that way. The only way is ty detain you for a reasoable period; I will commit you for reformative purposes for twelve months. X am going somewhat ont of my wav in committing an habitual criminal like yourself in this vray. I am not sure that I am doing right. I am giving you this one chance end if you como before* jne again yon will be treated as an habitual criminal." OFENCRS OP DISHONESTY.

Frederick William .Tones, 37 years of age. had nothing to say why sentence should not ho passed upon him for the •crime of forgery and uttering committed ct Waverley on January 11th last. Prisoner had a very long list of previous convictions, covering a period of thirteen years. Those were read out by the Crown Prosecutor.

"Do yon acknowledge that that record is correct?’* said his Honor.

'Wes, your Honor.'” was the reply. "Since ISOS,” said his Honor, "yon have had recorded against you seventeen convictions for offences involving disapart from other minor matters. That stamps you not only in legal language, but in popular language, as habitual criminal. You seem to-pre-fer a criminal career, I can only say there is nothing left for me to do. You are sentenced to two years* imprisonment with hard labour and declared an habitual criminal.'” A PRISONER’S AILMENTS.

Convicted of theft at Pongoroa on January sth last, Sidney Herbert Hansen. 39 years of age. was brought forward for sentence. The Crown Prosecutor read a long list of convictions. This showed that prisoner entered unon a career of crime* at the age of fifteen, ho was convicted for breaking and entering at Auckland. On that occasion ho got off on three years'*'probation, and four years afterwards ho was again treated with leniency, receiving another term of probation. Hansen kept. clt»a»* of crime for eight years and then drifted back into his old habits, and was con-

victed and. sentenced to various terms of imprisonment. After reading a long confession handed up by prisoner, his Honor said ho did not know whether prisoner's statement was all true, but it might bo taken as approximately true. He suffered from a weak heart, the effect of sunstroke, and tits. "If 1 just take two or three drinks/' said the confession, "I go right mad and do things I otherwise would never think of doing." Addressing the prisoner, his Honor said it was quite evident he indulged in drink, and under the circumstances gave way to crimes of dishonesty. " Under the* Act of last session." ho continued, "a man of your disposition is given a chance of reforming. It is necessary I should have yon detained for reformative treatment. That will give you a chance. Your sentence may be shortened by the board if the board , thinks you are likely to behave yonrself. I Disciplinary treatment will do you good. : You will bo sentenced to twelve mouths' ! hard labour, followed .by three years' de- ! tention for reformative purposes." NOT TECHNICALLY AN HABITUAL CRIMINAL.. ’ William Thomas, alias Thompson, who had pleaded guilty to a charge of theft from a dwelling, stepped 'briskly into the dock. The Crown Prosecutor said the prisoner had taken his first criminal step in 1900, receiving two years* hard labour for assault and robbery in Christchurch. He read out a long list of convictions since that date. "You come very near to qualifying yourself for an habitual criminal," remarked his Honor. “According to your record you are an habitual criminal, though perhaps not technically so. In these circumstances- I think the ques, tiou of leniency may be set aside. You received lenient treatment last time you were sentenced. It was rather a bad case of a drunken man knocking about with money in liis possession. The only thing I can do is make tho punishment more severe. You will be sentenced to two years' imprisonment, followed by two years' detention for reformative purposes." A YOUTHFUL CfiUMINAL. Albert Murphy, represented by Mr O'Leary, came forward for sentence on a charge of attempted house-breaking at Wellington. In reply to a query from the Bench, prisoner said he was 23 years of nj?c. "You have been several times convicted of dishonesty," said his Honor. "Three times in 1908. and again in 1910. Magistrates havo treated you leniently, but that has not had effect. Y’our case is eminently one for detention for reformative purposes. I do not think a short term will do any good. If you behave yourself the period will bo shortened. If after that you find your way hack you will bo treated with severity." Prisoner was sentenced to three years’ detention for reformative treatment.