SUPREME COURT.

Otago Witness, Issue 3254, 26 July 1916, Page 9

SUPREME COURT.

His Honor Mr Justice Sim sat at tho Supreme Court on Friday morning for the purpose of sentencing prisoners. BREAKING AND ENTERING. Walter Henry Marslin was brought up for sentence on a charge of breaking and entering a dwelling and theft. The Crown Prosecutor said the 'report of the man was a very bad one. He was 31 years ot age, was bom in New Zealand, and apparently came of a very bad family. lie. had been committed to the Burnham Industrial iSchool when a lad in 1903. Since then ile had apparently made no attempt to reform, and iiad been constantly in and out of gaol, principally for breaking and entering. He had been declared an habitual criminal. He had joined the Fourteenth Reinforcements, ■ had contracted a complaint while in camp, and had been sent to the Heads. He had then broken camp with a young man, and the two had made their way to Portobello. Most of the stolen property had been found in ; ' the possession of the prisoner. His Honor said that leniency seemed to be wasted upon such a man, and the only course was to sentence him to a substantial term of imprisonment and declare him to bo an habitual criminal. Prisoner would be sentenced to five years' imprisonment with hard labour, and also be declared an habitual criminal. BIGAMY Alfred John Mills was brought up for sentence on a charge of bigamy. Mr Scurr, who appeared for him, said it was difficult to explain away the conduct of a man who had committed bigamy. He had made inquiries, and had endeavoured to find a reason why this crime should have been committed. Ho* had found that, until May of this year, this man had lived very happily with his wife and children. In 1914 he had married a widow with several children, and had lived happily with them until he went to Christchurch. Up to that time he had not been at all in the habit of taking strong drink of any kind, but during the time he had been in Christchurch he did take it, and went through the second form of marriage. It might be that the drink had to some extent clouded his faculties, and had induced him to commit this offence. His character had hitherto been good, and also his home life with his wife. While sympathy must bo extended to the young lady with whom the second marriage had been contracted, there had been an undue haste in rushing the marriage through. Counsel's point was that the injury to this lady was not so_ serious as if time had been taken to consider the proposal. Prisoner had been in business in Dunedin, and had had business misfortunes. At the present moment his wife was quite anxious that he should return to her _ at the expiration of whatever term of imprisonment his Honor might decide upon, believing that there would be no repetition of the indiscretion

The Crown Prosecutor said tlio police diil not seem to know very much about the prisoner, but his character was reported as not -rood. Ho had arrived here in 1907 from Sydney, was 34 years of age, and was said to have come originally from England. He had given various accounts of where J,,-. was born. When ho first married it was Vi toria. and when ho married for the second rime its was Birmingham, England. ITo was apparently a good worker, and his employers spoke well of him. When prisoner had been employed in a large drapery establishment in Dunedin he had received £5 from his fellow-shopmen to "put on a horse," which had won, and apparently he was not seen asrain.

His Honor sentenced prisoner t 0 B J X months' imprisonment with, hard labour.