SUPREME COURT.

Otago Daily Times, Issue 20088, 3 May 1927, Page 7

SUPREME COURT.

PRISONERS FOR SENTENCE. His Honor Mr Justice Reed sat at tho Supreme Court yesterday for the purpose of sentencing three prisoners. BREAKING AND ENTERING. Roydon Victor Curlino waa brought up ou four charges of breaking and entering and theft. The dates of the offence ß were February 8, February 23, and February 25, two offences having been committed on the last-named date. Mr O. J. L. White, in tho course of his address on behalf of the accused, said that the prisoner was 23 years of age, and was the son of a very respectable family in Dunedin. His parents were well known here. After the accused left school ho had been employed at a manufacturing establishment in Dunedin, and had been made an apprentice. He served for a year. For a time he was out of work, and that seemed to have been the. commencement of what had happened. His firm re-engaged him for a further term, but it had’ been temporary, and he had since been accepting such casual employment as he could got. Counsel had a number of testimonials as to his character, and one from the probation officer as to his dealings with the accused. Two or three days before these offences ho had made himself responsible for heavy damages in connection with an accident, and this had worried him. In connection with the charges of breaking and entering, there was only one charge of burglary. No damage had been done to the places, and the profit he got was practically nothing. When arrested the accused had made a complete confession. Most of the cases were trivial. There were ou 1 V three serious offences in tho past list, the man had been living away from homo and had. been constantly looking for work and for 'such jobs n 3 happened to offer Ine accused "'as to have been married next Christmas, and so much did the young woman think of him that sho was still anxious to marry him.; His Honor, in passing sentence, said that the prisoner had been found guilty of nvo separate offences It was true that he was only 23 years of age, but he had a formidable list of previous convictions—eight in all. Three of these were for theft, and the accused had received three years’ reformative detention. He .was rapidly qualifying as an habitual criminal, which meant that he might spend the rest of his days in gaol. His Honor proposed to inflict a long term of reformative detention. That meant that ho had to serve a certain period, but that tho authorities could, towards tho end, reduce the term. Tho accused would bo sentenced to hve years’ reformative treatment.

YOUNG WOMAN’S THEFTS. Johann Galbraith appeared for sentence on charges of theft from the Postal Department. There were two charges against h< Mr W. L. Moore, who appeared for the accused, referred to the fact that the chief offence was the theft of £6O. that had been taken from her brothers savings bank account in the Post Office at Dunback where she was employed. I'orty out of the £6O had been used to balance her brother’s account. His Honor: What was her salary? Mr Moore: Seven pounds a month. His Honor; Was she living with her people? Mr Moore: Yes. . . Mr Moore said that the accused s brother had agreed to forego any claim on the Post Office for the £6O. Chief Detective Cameron, who appeared owing to the Crown Prosecutor being absent through a misunderstanding, £ aid that that was the arrangement, but he did not know that it had been completed. Mr Moore said that a cheque for £ll had been paid out of the accused’s brother s money; and also 7s and Is. His Honor said that the accused seemed to have been married very young; she could only have been about 18 years of Mr Moore said that at the time the offences wore committed the woman was single, and he thought that she was marriod before detection. THoro was no likenhood of her ever returning to the Post Office. Under the circumstances he suggested that the court should extend leniency. His Honor might see his way to order the prisoner to come up for sentence when called on. Prisoner was still living at Dunback. In reply to his Honor counsel said he thought that the young woman had been married against her parents’ wishes; but they were now satisfied. His Honor wanted an assurance that the money had been refunded; meaning that no claim was going to be made on the savings hank at Dunback by the accused s brother, upon whose account she had drawn to the extent of £6O. Some discussion took place over the matter, and the Crown Prosecutor, who was now present, said he understood that the money had been refunded. Mr Moore: Released. A Post Office clerk said that the whole matter had been adjusted by the brother of the prisoner. The cheque for £ll had been paid. His Honor, in passing sentence, said that the prisoner should have known, after being in the service of the Postal Department for a length of time, that this was a very serious matter. Had not the circumstances been unusual he would have had to regard the matter seriously. Under the circumstances, which were peculiar, and although the prisoner had committed an offence, he would admit her to probation for a period of two years. CHINAMAN IN TROUBLE. Wong Ah Chong came up for sentence on charges of breaking and entering and theft by night. . The Crown Prosecutor stated that part of the money stolen had been recovered. The prisoner had taken £37 odd into a bank and part of that had been recovered. His heart had failed him while he was waiting to get the money in exchange for what he offered, and he had left what ho brought into the bank. It was understood that the bank had communicated with the police. In all about £4O had been recovered. The balance of the money had completely disappeared. The prisoner had alleged that he took only £93, and if he took that he had spent £53. He ipnsoner) stated that he had got into a big gamble in Chrischurch and had lost the money there A suit case had been returned. His Honor (addressing prisoner) said: You were in the employ of this man from whom you stole the money. You found out where he kept it and broke in during the night. Your record is not good. Vou will bo retained for reformative purposes for 12 months. His Honor also made an order for the restitution of the money recovered to complainant, the sum being £4l 12s.

.BANKRUPTCY CASES. PHILIP CLENT. Philip Clent, farmer, of Balclutha, made application for an order of discharge from bankruptcy. His Honor said that Mr Justice bim had refused the application on a previous occasion. . , Mr White, who appeared for the bankrupt, said that that was so. About three years ago bankrupt had applied for Ins discharge, and Mr Justice Sim had ordered him to pay 10s in the pound to certain creditors. Mr Cave, who was then official assignee in bankruptcy, was at the time in Auckland, and be (counse ) did not think the application was properly understood. Mr Cave and the creditors had recommended the debtor s discharge. The man had been unable to make any payment. Bankrupt, in evidence, said that he had a wife and four children, whose ages ranged from six to 15 years. I hey were all attending school. Since 1924 he had been working for wages. His wife had a house on which they had raised money. From April to September last year he had been laid up in the house. His debts had been incurred in relation to working a farm. The Otago Fanners’ Co-opera-tive Association, which had hold a security, had sold the stock and implements, anil that was why he could not pay anything to his creditors. His creditors had been unanimous in recommending that lie should get an unconditional discharge. He had not been able to 'pay 10s in the pound on debts outside those connected with the farm.

His Honor; I do not think these facts can have been properly before his Honor. An order of discharge will be made. GEORGE S. BAKER. George Samuel Baker, labourer, of Dunedin, applied for an order of discharge. Mr Moore appeared in support of the motion. His Honor said that there was no opposition, and the order would be made.