SUPREME COURT

Otago Daily Times, Issue 18158, 1 February 1921, Page 9

SUPREME COURT

Mondat, Jantjabt 31.

(Before his Honor Mr Justice Sim.) PRISONERS FOR SENTENCE. His Honor Mr Justice Sim, held a sitting in the Supreme Court yesterday, when a number of accused persons who had pleaded guilty in the lower court came up for sentence. AN INDOLENT YOUTH. Harold Henry Williams, alias Wilson, attempted breaking and entering, said he hod nothing to say. His Honor said the probation officer had decided to recommend that this youth should get the benefit of the Probation Act. He had not been before the court except on one occasion, when he had been remanded for a week for medical treatment. The probation officer also recommended that ho bo prohibited.

His Honor, continuing, said he noticed that accused was at present serving seven days for theft, and that at the same time he had got another seven days for theft and one month for using obscene language. It was stated that the sentences had just expired. Mr Gumming said that accused’s trouble had been caused through drink. . His Honor said it was a question whether it would not be better if the prisoner underwent a course of reformative treatment. Mr Gumming said that accused had been very indolent in hia habits. His Honor said that accused might be cured of his desire for drink if he was committed to a term of treatment. He would bo entenced to a term of not more than three years’ reformative treatment. DEFENCE DEPARTMENT CASE.

Alexander Robert Owen, theft, had nothing to say. Mr Gumming (probation officer) said ho was quite unable to make any recommendation. The Crown Prosecutor (Mr A. S. Adams) said he would like to point out that the Defence Department had. been fully reimbursed Prisoner's relatives had paid the money for him. There was however,. £lO difference between what had been said, to have been paid and the money received. Prisoner said this had been paid. In ail these cases the Defence Department was bound to prosecute. It had no option.. He understood that prisoner’s wife had paid the money—£7B. His Honor: Is he living apart from his wife 7 Mr Gumming: Yea. sir. The wife thought that by paying the amount that would dear the whole thing. Accused had been supporting his wife. His Honor sentenced, accused to see months’ imprisonment with hard labour.

FALSE PRETENCES. Christian .Lawson, ah as Laraen. false pretences at Lawrence, had nothing to say. The Crown Prosecutor said he had nothing to add to the police report. The probation officer at Lawrence recommended probation. His Honor said that the vendor had got possession of his sheep. The only expense he had incurred was for paddooking them at night. Under the circumstances he would be justified in giving effect to the recommendation of the probation officer, and prisoner would be released on probation for three years. One condition would be that he must dispose of his racehorses at once, and have nothing to do with racehorses directly or indirectly during the course of his probation. He must also pay the costs of the prosecution, £3 6s 6d within three months. His Honor said he noticed that the probation officer had stated that the prisoner waa not in a position to pay the costs of the prosecution. The racehorse which he owned was worth £3 6a 6d, It ought to be. He could sell that.

FINE OF £75 IMPOSED.. Robert Anscom.be, breaking, entering, and theft (two charges), waa defended by Mr Hanlon. Mr TTa-nlnn said he did not know_ that there was much which could be said in extenuation of the offence to which the accused had pleaded guilty. The nature of the thefts would seem to indicate that prisoner waa more or -less a kleptomaniac. His Honor: It looks like kleptomania. Mr Hanlon: Yes. It looked like that. The man had otherwise borne a good character. He was a married man with seven children, Thp wife had seen him (Mr Hanlon) personally, and had told him that a better husband and a better father to his children no woman could wish for. Prisoner seemed to have taken these things without apparentlv wishing to convert them into money or to make any particular use of them. Ho gathered up stuff that was apparently quite useless, so far as he waa concerned.

His Honor: Ho did not attempt to dispose of them? Mr Hanlon; Apparently not. It was simply that when he went to a house he could not resist the temptation to take things away and store them up at bis house. A lot .of the stuff had been taken from the Industrial School, where prisoner had been working —something like £IOO worth. The police had come along, and the 'prisoner had admitted he had taken the articles. It looked like a case of kleptomania. He did not know whether his Honor would consider what effect a term of reformative treatment might have. .Ho did not know whether a reform institution would quite cure a man of kleptomania. Prisoner appeared to have received the leston of his life. He was capable of paying a fine, and touching his pocket might have the desired effect. He had done very well in business. He had been a hardworking, industrious man, and there was no necessity for him to have done anything like, this at all. Now that ho realised his position there was no probability that there would be a repetition of his offence. Learned counsel said he would also like to point out that prisoner was suffering from consumption, and in all probability would have to be sent to a sanatorium.

His Honor said he noticed that prisoner had been fined in 1908.

Mr Hanlon said that prisoner was then working’ on some new ideas in plumbing. His employer told him to take any material that he needed to carry out hia ideas, and prisoner took some stuff. There appeared, however, to have been some misunderatandr intr about the arrangement. If the idea turned out tramps the employer was to “ stand in.” It was not a success, end his employer charged him with stealing the stuff.

The Crown Prosecutor said that a list had been handed to him by the matron of the Industrial School. This showed that during the same period a considerably larger quantity of goods—these had not been recovered—was missing from the stocks. He, of course, could not say that the prisoner was guilty of taking them. Goods to the value of £209 were missing in addition to the goods found in prisoner’s possession, Mr Hanlon said that prisoner did not know what was on the list. He had taken a lot of stuff, but the police had taken it all away. They had taken all that prisoner had in the house. Prisoner knew of no other goods. Mr Hanlon said that prisoner’s wife did not know what was gomg on. The goods had been stored in a stable or loft, and she had not seen them. His Honor said that in view of the circumstances of the case he thought he would be justified in imposing a pecuniary penalty. The penalty, however, would have to be a substantial one. Prisoner would be fined £75. If he offended in this way again he would probably be sentenced to a considerable term of imprisonment.

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