PRISONERS SENTENCED

New Zealand Times, Volume L, Issue 11437, 6 February 1923, Page 5

PRISONERS SENTENCED

THE PENALTY OF CRIME HARD LABOUR SENTENCES FOR SEVERAL OFFENDERS. “A DANGEROUS CRIMINAL.” ■ A very varied assortment of criminals in various stages appeared before Mr ■Justice Chapman at the Supreme Court yesterday for sentence. The list was a rairly lengthy one, and comprised from boys just setting out on a career of misadventure to men old in the ways ■ f crime. In two instances prisoners were declared habitual criminals. TWO YOUTHFUL OFFENDERS PROBATION GRANTED. Thomas William Francis (Mr C. A. L. Treadwell) and Victor L. Norris (Mr J. F. B. Stevenson), who had pleaded guilty to the theft of certain metal and iron from their employers, appeared for sentence. Leniency was applied for by their counsel on account of their youth, one lad being only sixteen years of age and the other eighteen; also owing to the fact that their system of thieving had been made possible on account of a much more matured judgment. The man referred to would appear before the court at the present session charged with receiving the property concerned with the charges against the prisoners. “If you find yourselves here a second time,” warned His Honour, “you will be very severely dealt with.” He thought the interests of society would be sufficiently preserved by granting probation, which was allowed for a period of three years. The prisoners were also ordered to pay* £lO towards the costs of the prosecution. "THE HAND OF MERCY” A SERIOUS OFFENCE. When asked if he had anything to say why sentence should not be passed on him, William Frederick Kennedy, 39, a hotel porter, who had pleaded guilty to a serious offence on a 6mall hoy, said: “This is the first time that 1 have ever been in trouble. The act I committed was done when under the influence of liquor, and I would ask Your Honour to extend the hand of mercy towards me.” Mr Macassey, Crown Prosecutor, said Kennedy had always borne a good character previously. A serious view of the offence was taken by the judge, who declared that this class of crime must meet with a severe sentence. “I cannot overlook this kind of thing,’’ he added. “There is always the danger of teaching hoys habits that might ruin them for life.” Kennedy was sentenced to two years’ hard labour. BREAKING AND ENTERING “A VERY UNSATISFACTORY RECORD.” Looking extremely sorry for himself, a middle-aged man named George Cunningham faoed the judge to receive sentence on a number of charges of breaking and entering that had been preferred against him at Palmerston North. It was stated by Mr Macassey that the prisoner had been in and out of gaol for theft and vagrancy since 1910. He was a victim to drink. There were numerous convictions against him. He was in gaol as recently as September of last year. “A very unsatisfactory record,” commented His Honour. “I have read, the memorandum you have handed me, hut it does not go far to clear this record away.”

Cunningham was declared an habitual criminal, and sentenced to two years’ hard labour.

SALE OF SERGE A SEAMAN’S MISTAKE. The mistake of a seaman in negotiating with a detective for the purchase of some serge that was not his to sell, resulted in David McKay, a young man of 23, and a native of Scotland, standing in the dock on a charge of theft. Mr A. B. Sievwright said it waa quite apparent that MaKay was not the only one conoerned in the theft. His Honour: I do not think that helps matters much. I always look more seriously upon conspiracy. “I cannot treat this otherwise than an ordinary case,” declared His Honour. “He has used.his previous good character to get into a position of trust, and abused it. It is an ordinary case of pillage. I will make allowance for the time he has spent in gaol. He will be sentenced to ten months’ hard labour.” A DANGEROUS CRIMINAL DEPORTED FROM AUSTRALIA. Although he certainly dufrmot appear to answer the description, James Williams, smartly attired, and fairly youthful, was alluded to as a “dangerous criminal who had' served numerous terms of imprisonment in Australia, from where he has been twice deported.” He had a long list of previous convictions, and the offence with which he was now charged concerned the disappearance of some money from a gatekeeper at .Athletic Park, who had stuffed a number of notes into his pocket. The temptation was too much for Williams, who had generously helped himself. Mr A. B. Sievwright declared that the offence was due to sudden temptation. He had since given every assistance to the police. “Your record shows that you ore an habitual criminal by habit and inclination,” said the judge. “I can only so treat you. . . , You will lie declared an habitual criminal, and sentenced to twelve months’ hard labour.” A YOUTHFUL OFFENDER “BE A MAN IN FUTURE.” John Joseph O’Brien, aged 18, and looking somewhat younger, appeared for sentence charged with breaking, entering, and theft at Wellington. Ho was described as a seaman of good character by Mr Seivwright, who said he was the sou of a widow with four children, of whom he was .the eldest. At all times he had been an excellent boy. Hia Honour believed that the circumstances justified him in granting probation, which period was fixed at eighteen months. He was also ordered to pay £5 towards the costs of the prosecution. “Be a man in future I” advised His Honour.

“A LIFE OF CRIME” A YOUNG DESPERADO. The next prisoner was a youth with a particularly had record. His name was Mervyn Valdmar Berggren, aged 16, who had been convicted oil five charges ot breaking and entering at Hastings. He casually gazed round the court, and carefully noted those present. When asked if he had anything to say, he announced in a loud voice that came as a surprise from such a youthful looking person: “No, Sir.” It was stated that since 1917 ne had been leading life of crime. He hud been." tsontenaed to reformative treatment, but eventually had escaped from the institution to 'which he had been committed, and returned to Hawke’s Bay. “He is described as a very bad thief and a notorious liar, ’ 'added the Crown Prosecutor. “You have shown very bad inclinations,, and evidently prefer a : life of thieving and idleness,” said the judge, when ordering the lad to be returned ho the institution foi a period of three years’ reformative treatment at Invercargill. A WATCHMAKER’S LAPSE “FIRST AND LAST CHANCE.” “Remember, this is your first and last chance,” stated His Honour to Joseph Thomas Wooley, convicted of theft, at Wellington, and for whom Mr W. Perry appeared. The judge had considerable difficulty in arriving at a decision in this case, but eventually decided to grant probation for threp years. He ordered the prisoner to pay costs totalling £5 os, also to make good the sum of £2l 5s by way of compensation to the person he had defrauded. The conditions attached to probation were strict. OTHER CASES PROBATION GRANTED. William Walker Johnstone, who had failed to keep the terms of the probationary license issued to him at Nelson, was sentenced to a further term of three years’ probation. A middle aged man named William Keating, who had pleaded guilty to breaking, entering and theft at Picton and Blenheim, was granted three year's’ probation conditionally upon him remaining . a total abstainer. Mr T. P. Oleary, who appeared for the prisoner, raised the question of Keating’s mental capacity, which His Honour’ took into consideration.