SUPREME-COURT.

Otago Witness, Issue 2929, 4 May 1910, Page 17

SUPREME-COURT.

CRIMINAL SITTINGS. Tuesday, April 26. (Before His Honor Mr Justice Williams.) A HOST OF CHARGES. Anthony Reuben Ander>K>n (15 years) and Reginald Lawson (22 years) were called on for sentence, having- pleaded "Guilty" to 15 charges of breaking and entering and theft at Dd.iedin. Lawson had also pleaded " Guilty" to three charges of theft from a dwelling, and Anderson to three charges of breaking and entering and theft and one charge of thefc from a dwelling. Mr D. D. Macdonald, who appeared for the two accused, said there was not much to urge on behalf of either of them. As far as Lawson was concerned there was nothing very heinous against him until these charges arose. He had previously been arrested for vagrancy and other minor charges. ' All he could say for the prisoners was that they both gave the police all the information they could after they had been arrested, and restored a great deal of the stolen property. Anderson had a bad record in Australia, and on coming here he and Lawson committed the burglaries and thefts in question, extending over a considerable time. As far as Anderson was concerned, perhaps the best thing to do would be to send him to a reformatory. He evidently needed a firm hand before anything could be done with him. Perhaps it would not be too late to adopt the same course with Lawson, who was only 22 years of age. He understood there was a reformatory at Invercargill to which they might be sent. His Honor: That is a gaol; it is not a reformatory, although it is used as a reformatory. The Crown Prosecutor (Mr J. F. M. Fraser, K.C.), in reply to his Honor, stated the police records of the two accused. Lawson was a native of Palmerston, and had no trade. His father was dead. Prisoner appeared to be the wastrel of the family. During last year he had worked two months in the country, returning at Christmas. The first robbery of the series was committed by Anderson alone. Lawson had been convicted in 1909 of drunkenness, disorderly behaviour, assault, breach of the peace, and vagrancy Anderson oame from Melbourne as a stowaway in October, 1908. After arrival he was employed in four business places. His conduct was unsatisfactory, as he was lazy, absented himself from work, and was most untruthful. He was in 1907 convicted of five robberies from churches in the suburbs of Melbourne, and allowed to go free after finding sureties to appear for sentence when called upon. In August, 1908, he was convicted of robbing a Chinaman's house at Oaulfield, and committed to the department for neglected children. From there he was transferred to Mirboo, where he committed another larceny, and was returned ro the department, but he escaped in October, 1903, and subsequently stowed away in a steamer for New Zealand. His Honor: As the Industrial Schools Act can only apply to the younger prisoner, I am not satisfied that it is applicable to meet the case. However, it is always open under section 25 of the act to his Excellency the Governor ro order that any person under the age of 18 years who has been sentenced to imprisonment shall be committed to an Industrial School. I see no particular reason to make any distinction between the two accused The younger one is evidemlv as full of mischief as he can be. In each case the indeterminate sentence ought to come in. The sentence upon each cf you for each of the offences to which you have pleaded " Guilty " is that you be imprisoned for two years, and kept to hard labour. As for you, Lawson, in respect to one of the convictions —namely, stealing from the dwelling of Henry Williamson the property of Annie Williamson you are, in addition to tho sentence, declared to be an habitual criminal; and as for you, Anderson, you also, in respect to your theft from the dwelling of T. S. Tomlinson, are, <n addition to the sentence of two years, declared to be a habitual criminal. The prisoners will be commiitted to the common gaol at Invercargill, where the discipline is really reformatory, and the younger one will have as good a chance there of becoming a decent member of societv as he will have anywhere else. In consideration of +he nature of the offences it is obvious that they should not be let loose until it is made clear that they can be liberated with safety to the public. The sum of £2 12s 6d found on Lawson is to be returned to Mark Jacobs, and the 7« 6d found on Anderson goes to Frederick Wedlake. THE MILTON HOUSEBREAKER. Henry Joseph Hand (15£ years) was called on for sentence on three charges of breaking and en:ering and theft, and two charges of theft. Accused was undefended, and had nothing

to say as to why sentonce should not be passed. The Crown Prosecutor said that the iooal constable (Constable M'Rae) reported that nothing in particu'ar was known against the boy prior to these offences. His parents were in poor circumstances, the father a good deal away from home at work," and therefore unable to exercise full control. During most of last year the boy worked at the Mataura FreezingWorks, and after that at the Bruce Woollen Mills until Easter, when he was arrested. Mr dimming had investigated the case. His Honor: All the offences seem to have been committed during two or three days—not like the last case, where they spread over months. Mr F. G. Cumming, agent of the Patients and Prisoners' Aid Society, said the boy was not a, criminal in the ordinary sense of the word. His misbehaviour had been brought a6out by his reading certain literature not helpful to a boy of his age.' Could his Honor see his way to convict the boy and give him (Mr Cumming) an opportunity of looking after him ? His Honor: The property has been restored, has it not ? Chief Detective Herbert: Yes, your Honor. His Honor : If you had not intervened, Mr Cumming, the proper course would have been to send him to the Industrial School. Mr Cumming: I should not like to see him go to the school. His Honor: If you think you can make anything of him I would be justified in taking the chance. It is different from the last case, where the boy was a criminal in Victoria and did the same thing here. These offences all seem to have been done in a couple of days. Mr Cumming: The Rev. E. A. Axelsen is also quite willing to take him in hand. Mr Axelsen: I would do with him exactly what Mr Cumming would do. He can deal with him as well as I can. In either case he would be sent to the country. In reply to his Honor, the Crown Prosecutor said the case had not a. serious criminal aspect. Certainly the boy presented a weapon at a woman, but when the woman screamed he ran away. He had been reading "Deadwocd Dick," or stories of that kind. His Honor: . I think the case may be treated in the way suggested. (To the accused :) Mr Cumming has very kindly undertaken to look after you. I shall not, therefore, pass sentence at p'resent. But if you misbehave yourself, even if you do not commit a fresh offence, and if you do not lead an industrious life, you are liable to be brought up at any, time and sentenced for the offence to which you have pleaded guilty I wish to give you every chance of becoming a decent member of society. The order will be that there will be no sentence at present, but you will come up for sentence when called upon. IN CHAMBERS. Probate was granted in the estates of the 'undermentioned deceased persons: —Re Christina Ramsay (Mr Bedford), re Jardine Telfer (Mr Bundle), re Joseph Osmond (Mr Callan), re Thomas James Sopp (Mr Cochrane), re James Douglas Crosbie (Mr Irwin), re Elizabeth Irvine (Mr Hanlon), re Alexander Stewart (Mr Lemon), re Mainland Gard'ner (Mr Loughman), .re Agnes Campbell (Mr Payne), re Charles Bruce (Mr Stewart), re Annie Maria Wilson (Mr White), re William Leary (Mr Fletcher), re Archibald M'Kinlay (Mr R. C. Moore). Letters of administration were granted in the following estates:—Re Hugh M'Millan (Mr Allan), re Jane M'Gillivray (Mt Bowler), re Henry Cooper (Mr M'Veagh). re Mary Macdonnell (Mr R. Stewart}, Re Mary Sutcliffe (deceased.—Motion for remuneration to executors (Mr Plattsl. Referred to registrar. Re George Grigg (deceased). —Petition for appointment of new trustee (Mr Payne), Accordingly. Re Thomas M'Farlane Quinn (deceased). Petition for leave to sell land (Mr Rattray).—Accordingly. Re John Cameron (deceased).—Motion to confirm registrar's report (Mr J. MaoGregor).—Report confirmed; remuneration accordingly. Re William Samuel Hall (deceased). — Motion for directions as to service (Mf W. C. MacGregor).—Accordingly. Smith v. Dunedin City Corporation.— Motion to fix date of hearing (Mr Bedford). —Thursday, June 9. Re Lauri Susannah Dickson (deceased). Petition for accounts (Mr Fraser). —Referred to registrar to report. Re Michael and Mary Barrett (deceased). Petition for leave to sell land (Mr Moore). Order as prayed. Gillies v. Malcolm and Another.—Summons for security for costs (Mr P. D. Macdonald).—Order as prayed; sociuity to

be £100; defendant to have 14 days to plead. Mi< bie v. Hopcraft and Another.—Suninatns to review taxation. (Mr Calvert).—* Decision reserved. Edmond v. Edmond. —Summons fo.r appointment of trustee (Mr Stephens).—Mr James Brown appointed new trustee; costs of all parties out of estate after taxation. Re Oamaru Harbour Board.—Summons to spend £4OO (Mr J. MacGregor).-—Order a 3 prayed; costs of all parties out of Harbour Boavd funds: £2 2s costs to receiver.