SAMPLES OF SENTENCES

NZ Truth, Issue 604, 13 January 1917, Page 12

SAMPLES OF SENTENCES

" PROPPUTY " AND PUGILISM

HOW MAGISTRATE McCARTHY MEASURES IT OUT

Of Course the Law is at Fault

The law may be a hass, but its reasons axe said to be founded on philosophy so solid that .no ordinary brain can grasp the- depth of their founda- ; tion. On Thursday of last week, John Edward Blondquist, a Mnlahder, came up before Mr. S. E. McCarthy, S.M., charged with being an idle and disorderly person. His record was bad and he had, therefore, qualified as being an incorrigible rogue. His offence consisted : of having slept, by: night on ap iece of waste ground. For his incorrigibleness he was sentenced to one year's hard labor, with an addition of two years' reformative treatment— 'THREE YEAESIN ALL. On. Friday of last week * young gentleman named Joseph Nicholls, with a face as hard as a petrified meat axe, appeared to, answer-, a charge of unprovoked assault on a waterside worker, named Edward Logan, of Bidwellstreet. Edward's face did not ; look as if it had been slept on; it looked as if it had been stepped on Jby an elephant shod with barbed wire. There was another gentleman concerned m the assault, Edward James | Wilson by name, but he must have had important Mmily business to attend to as he. did not put m an appearance. ' »j Inspector Hendrey conducted the prosecution and put the watersider m the bos. Edward's optic looked out on ! a hard world through a vignette of purple; also, there was a patch of cuti- j cle removed from the dividing ridge between his portholes. Edward told a tale of his having gone' into a Man-neTs-street pub. to lave his throat with something stronger than the Wai-nui- i o-mata product, when he was accosted | by Wilson, who, without the slightest provocation, insisted on giving him (witness) the bad hand, said hand be^ ing doubled up and placed witlv fervH force m the region of his eye. As he could not stand up against this Hunnish treatment he reclined on the sawdust and cigarette butts for a while and then went outside. " He', had ho sooner reached the fresh air, BEERLESS AND BREATHLESS, than Nicholls began to use him as, a pasting-post, and it was ho who removed the patch of pelt from his periscope. This was too utterly utter altogether, so he enlisted the services of Constable George Gunn, who wont off pop and like a shot In the direction of the Alhambra Hotel, where he found the two accused carrying on thG work ot irrigation, lie arrested mem and took them to durancft. Wilson lcM-ing' a substantial sura of money behind him as a guarantee of good faith. . The Inspector: He struck you while you were standing? — Yes. Did you give him any offence whatever?— No. Was the accused and his friend under the influence of liquor? — No, sober. You wanted no trouble, and so you talked out?— Yes. What did the man do to you? — He knocked me down. Did you give him any cause, provocation or reason? — None whatever. /Accused: I was In the hotel when you came m?- I—Yes.1 — Yes. You had a drink?— Nq, I went mto get a drink and had nof had it WHEN I WAS STRUCK. "Did I open my mouth or my lips to you?— No. And you'll swear that I struck you outside? — Yes. The reason you were struck wus because you said, "Three cheers for the Germans." — Nothing of the sort. You didn't, say, "Three cheers for the Germans?" — No. And will you swear that I struck you? — Yes. John McCall, a Boldler of the N.Z. Expeditionary Forces, said that he was m company with Logan on the night of the "strafing." He saw "the friend" of tho accused strike a man m the hotel. He saw no earthly reason for striking anyone at all. Nicholls and Wilson just seemed to select a soft spot somewhere atiti i BELT IT GOOD AND HARD. (All these soft spots, be it known, were parts of tho persons of some of the King's subjects). Logan had not done anything at all (as far as he could see) to warrant his "dial" being decorated m funoroal colors as indicated. Accused: Were you m the New Zeaiauder when the fight commenced? — Yes. • i I . Do you remember speaking to me? — Yo3. ■?■■ Did you not say that you would not Ilka to get into a. flgbt aa you bad an

abscess on the face? — No. You say that you saw me hit the man m the street? — Yes. , If I bring witnesses to proved different, will you still swear that? — Yes. Did you hear any remark about Germans? — No. Constable George Gunn gave evidence of the arrest. When he attempted to commandeer the duo they attempted to duck, but he took them "along of him." ... ; Accused then attempted that which all "previous recorders" should avoid. He went into the box to give his version of the affair. According to his oath the "Whole affair arose out of some remarks made by , Logan ANENT THE GERMANS!. Joseph was an extremely patriotic gentleman, and anything said or done m honor of the. Hun made his British blood boil at an exceedingly high temperature. He had a recollection of the barman having refused to serve- the alleged upholder of the Hun. "It was a mixed-up affair, and I don't think they know who assaulted them," said Joe. - Then the Inspector took a hand. Did the accused know a gentleman named "Ginger ■ Boyle?" He had not that honor. Did he know Wilson, also known as White? He-er-did not. Had he not been concerned m a brutal assault oh a man some few months ago? He had not. Had he ever been convicted for assaulting a "John Hop?" "Well, eryes, he had. And for assaulting another man? Well, oh, yes, he remembered, lie had. The Inspector: As a matter of fact, assaults appear to be your. specialty?—-' They used to be years ago but I have got more sense now. ' And you swear that the evidence of the two men is untrue? — Yes, it's a lie. ■ , Here the Inspector, brought his little list of p.c's to light, and asked, "I suppose you won't deny that you have been conVicted of vagrancy, theft, false pretences, theft from the person, and— but ' I WON'T READ ANY MORE." If the Inspector had inflicted the whole of the catalogue on the court there would have been quite a number of people late for lunch. . The Inspector further added, "I will leave it to his Worship to say who is to be believed between you and the waterside worker and the soldier." The Bench then commenoed his little addition sum and made his deductions from' the evidence. It appeared to him that Logan and McColl had been quite sober at the time of the strafing and chafing of Logan's lamp. Logan's evidence made It quite clear that he had been struck while m the dark by the man who had run away. When he had been questioned by the police he had said that ho knew nothing about it. Yet he did not say that anyone else^Jiad done it (as he had inferred m court). The assault was quite unprovoked and it was impossible to define a motive for it. "This kind of thing could, not be tolerated m the streets of Wellington." He would convict the accused and sentence him to one month's imprisonment with hard kabor. A warrant was issued for Wilson's arrest. Thore Is the distinction between person and property. For sleeping on a piece of waste land one man gets THREE YEARS. For damaging a man's face, a bru to gets ONE MONTH. Of course, it is ouly fair to point out that two months is the limit that can be imposed for common assault. If it had been made (by the law) three or over the accused, Nicholla, who has a worse record than Blondquist, could have had a doso of "reformative" dealt out to nun and would probably have got two years m addition to his minor sentence. It Js a good job for hJm that Logan's face is not property, and that ho was not "found by night" sleeping on it.