CRIMINAL SITTINGS

Otago Witness, Issue 2623, 22 June 1904, Page 27

CRIMINAL SITTINGS

Friday, Jvkb 1~. (Before his Honor Mr Justice Williams ) ASSAfLT AND EOBBEB.Y.

Charles John M'Lennan, alias M'Lellan, who had pleaded "' Guilty " to assaulting Peter Sinclair on the 25th May and robbing him of 2os in money, was brought up for sentence. The Accused, who was undefended, said his age was 32 years. The Crown Prosecutor (Mr J. F. M. Fraser) read a list of 14 previous convictions against the accused, the chaiges including' one of breaking and entering and theft at Duuedin in November, 1899, for which he received a sentence of two years' hard labour. There were also six charges of theft on other occasions, the various ofiences taking place at Dunedinj Christchxirch,

Invercargill, and Oaniaru. The accused was a native of the colony.

His Honor sentenced tho accused to three yeais' imprisonment, With hard labour.

EMBEZZLEMENT

Roland M'Neilage, convicted on his own confession of embezzling the moneys of Messrs D. Benjamin and Co., gave his t.gs as 25 years. Mr A. C. Hanlon, who appeared for the accused, said ho proposed to ask his Honor to extend to the accused the benefit of the First Offenders Probation Act. This was the accused's first offence, and although there were three or four charges in the one indictment he would make that application to the court.

His Honor remarked that the charges did not represent the whole of the defalcations.

Mr Hanlon said ihafc Mr Solomon, who represented the prosecution, had informed him that careful search had been made, and the charges before the court represented the whole of the defalcations.

His Honor: And £11 18s 2d is the total amount he has taken?

The Crown Prosecutor said the prosecution was a private one, of which the police had no knowledge, but as Mr Hanlon had Mr Solomon's assurance that was sufficient.

His Honor: The probation officer's report is favourable, and the testimonials are very satisfactory. What has been the cause of it, Mr Hanlon ?

Mr Hanlon: From what I can gather from the accused he made some bets — that was the trouble, and he took this money to make it good. His Honor: It was perhaps a foitunate thing for the a-ccused that he was stopped so early, for if this offence had remained undiscovered it might have been a temptation to go on. In reply to his Honor, it was stated that the costs of the prosecution were £5 14s, and that accused's brother-in-law, belonging to Invercargill, proposed to take accused there until something could be got for him to -do.

His Honor said that accused ought to pay what he had taken, and pay the costs of the prosecution, but he did not want to make the payments too heavy for accused to meet. Accused would be admitted to probation, for the term of 18 months, en condition of paying £11 ISs 2d taken .and JES 14? as the costs of the prosecution, or £17 12s 2d in all, by instalments of 5s a week, but if after the expiration of 12 months and before 18 months the whole sum be paid the probation would end. If be could pay within 12 months that would be the period of probation