CAREER OF CRIME

Otago Daily Times, Issue 22405, 29 October 1934, Page 10

CAREER OF CRIME

EPIDEMIC OF HOUSEBREAKING TWO BROTHERS SENTENCED (Per United Press Association) WELLINGTON, October 27. A brief, but moving, plea from the dock after counsel had spoken < • his behalf and Mr Justice Ostler was about to pass sentence upon him in the Supreme Court, saved Mervyn Cuclby from being declared an habitual criminal. With his brother, Arthur Cudby, lu appeared for sentence on five charges of housebreaking, to which Arthur, near the end of the trial, had dramatically pleaded guilty on Thursday, and on which Mervyn was found guilty by the jury. This morning each pleaded guilty to "four other charges of housebreaking and to a charge of having been found unlawfully in possession of housebreaking instruments. Mervyn Cudby was ordered to be detained for reformative purposes for a period not exceeding four years, and Arthur Cudby was also sentenced to reformative detention, the period not to exceed three years. The Crown Prosecutor pointed out that there were 24 convictions against Mervyn Cudby in 19 years. His Honor referred to the fact that there had been an epidemic of housebreaking in Wellington and that it had ceased immediately after the arrest of the prisoners, and that the police had prepared evidence in 50 cases against them. Mervyn Cudby had made up his mind to live by preying on society instead of working, and apparently for that purpose had recently purchased a car to use as a tool in his trade of housebreaking. He did not like to declare a man an habitual criminal and always hesitated to do so, and in the 10 years he had been a judge he had .only done it on two occasions. It seemed to him that he would be failing in his duty to the public if he failed to declare Mervyn Cudby an habitual criminal. At this point Mervyn Cudby appealed to his Honor not to declare him an habitual.criminal this time, but to give him one last chance.

In reply to his Honor, he said that, if given a chance, he would make up his mind to give up crime when he had finished his sentence. Mr Justice Ostler said he would give the prisoner one more chance, although he was not sure he was not failing in his duty to the public.