SUPREME COURT.

Otago Witness, Issue 3774, 13 July 1926, Page 22

SUPREME COURT.

CRIMINAL SITTINGS. Before his Honor Mr Justice Sim. His Honor Mr Justice Sim conducted the criminal sittings of the Supreme on Tuesday morning last, when five prisoners came up for sentence. PRISONERS FOR SENTENCE. A VENTURE IN BURGLARY. Arthur George Webber appeared for sentence on a charge of breaking, entering, and theft at Oamaru. Mr C. J. L. White, instructed by Mr Irwin, appeared for the accused. Mr White said that the accused was 19 years of age, and came of a respectable family. He passed his proficiency examination at the age of 14 years, and became apprenticed to a plumber. He served his five years* apprenticeship and obtained employment in the Marine? Department at Port Chalmers. Owing to slackness of work he was discharged, and vainly sought to get other employment. He was living with his parents and existing on the savings that had accrued during the period of his employment. A few weeks ago he went to the Oamaru races, having £6 in his pocket. His Honor: Why did he go to the Oamaru races if he was hard up? Mr White: I do not know; sir. He was young. His Honor: Was he going there to look for work? Mr White: I understand there is some evidence on the depositions that he was looking for work. Mr White went on to say that after the races Webber was penniless ana was sleeping out. He broke into Bulleid’s premises and took various articles. He was a first offender, and had never been in trouble before. The police report was good, and he understood the probation officer was also making a recommendation to mercy. Counsel asked for on account of prisoner’s youth and previous good character. Mr F. B. Adams (Crown Prosecutor) Rid that the four fur coats appeared to >ve been recovered in good order. They represented by much the greater value in the charge. A dressing gown was found

in the tank in which accused was sleeping, and other articles were recovered under a house. The silk, he was told, was very much damaged. His Honor said the probation officer had recommended that tile prisoner should be released on probation. He thought it. was a case in which he would be justified in giving effect to that recommendation, and the prisoner would be released on probation for a term of three years. A special condition would be that he pay the costs of the prosecution, £4 Is, within one calendar month, and he must also compensate, to the satisfaction of the probation officer, Bulleid and Company for any loss it had sustained. The accused must obtain employment to bo approved by the probation officer, and spend his earnings in a manner to be approved by him. A DISABLED MAN’S FORGERIES. Robert Scott appeared for sentence on two charges of forgery. Mr E. J. Anderson, on behalf of the prisoner, said that to the police report he could only add that this man’s downfall seemed to be traceable to August, 1925, when he was sick, and to the months following. Up to that time he seemed to have done his duty as a citizen quite well, but he had lapsed from then o>n. He was a 50 per cent, disability pension man, and counsel was afraid that as a result of this unfortunate business in which ho had been involved this pension would be withdrawn. The lower court had recommended that this man should be medically examined. Dr Evans was going to cany out the examination, but he required the man’s -history. The Pensions Department said it could not give that until it got a proper order from the court. His Honor: The Pensions Department would not let him inspect the file. Mr Anderson: That seems to be the position, sir, Mr Adams: Without an order of the court ? His Honor: Which court has any jurisdiction ? Mr Adams: No court at all. I think they mean a request from the court, and apparently the request of the magistrate was not sufficient. His Honor: Curious, the fondness some people have for red tape, isn’t it? Mr Adams: The case is obviously one of illness, and the position is that we have not got a medical report. Mr Anderson said be bad endeavoured to get such a report, but Dr Evans could not go on without the record of accused's history.

Mr Adams: I learned of this only five minutes ago. Otherwise I believe I could have got the papers. He said he had the man’s confession as to a third trifling offence —a similar offence in which, by forging a name, he got £1 from a pieman in Dowling street. That was all that was known about him, apart from what was before the court. His Honor: Ho was released on probation in February last. Mr Adims: On three charges of forgery very similar to these cases. His Honor: The prisoner seems to be one of the wrecks left by the late war. It is clear that it is in the interests .of the public that he should not be allowed to be at large. It is unfortunate that there is no medical report as to his condition but if he is ordered to be detained for reformatory purposes he can be medically ex amined, and, if necessary committed to a mental hospital. But it is clear that the guileless, simple minded publicans whom he as been taking in lately must be protected. The prisoner is ordered to be detained for reformative purposes for five years. FALSE MARRIAGE DECLARATION. John Henry Moulin appeared for sentence on a charge of wilfully making a false declaration under the Marriage Act. Mr White appeared for him, instructed by Mr Irwin. Mr White submitted that the circumstances of the case disclosed more- foolishness than criminal intent. Accused was 50 years of age. His previous offences consisted of two charges ot riding a bicycle without a light He was married eight years ago, and there were no children of the marriage. His wife left him in January of last year, and from April onwards she apparently disappeared. He got a friend to try and trace her, and he advertised both in Dunedin and in Wellington without result. Afterwards he heard that his wife was dead. In October last he picked up with a single girl and there arose urgent reasons why they should marry. He made the declaration that was the subject of the present chaise. He got a letter from his sister pointing out how foolish he had been and telling him to make further inquiries. He followed his sister’s advice, and actually burned his marriage certificate, but, of course, it was too late. He had already made a false declaration and had been brought before the court on the charge. He was a very hard-working man. and had never been before the oourt except in these trifling by-law cases. Counsel had references from employers to show he was « hard-working man. His Honor said he thought the punishment would be sufficient if accused were

made to pay a fine. He was ordered to pay a fine of £lO. INFATUATED MAN’S BLUNDER. Ernest Rasmussen came up for sentence on a charge of forging a postal redirection order.—Mr Neill, who appeared for the prisoner, said the depositions showed that it was not the usual class of forgery. Apparently there was no attempt to gain anything material. It was purely the act of an infatuated man suffering under a sense of injustice when a young lady with whom he had been keeping company was correspondng with somebody else, and wanting two strings to her bow. Counsel had impressed upon the accused the seriousness of the crime of forgery, and the foolishness of his act. He was a young man 22 years of age at present in constant employment. There was no likelihood of anything of the kind occurring again, and he had suffered almost sufficient punishment already. He asked for leniency. llis Honor said that the probation officer recommended that probation be granted, one condition being that he was not to go near the woman in question. Mr Neill: I don’t think he has any desire. His Honor: That condition would not be an irksome condition then. Mr Adams said he had a copy of a statement in which the lady said she was not desirous of pressing the charge. He thought it got into the hands of the authorities without her intention. His Honor: I think it is hardly a case in which it is necessary to release the prisoner on probation. It would be sufficient to pay a fine if it is true that the lady has no longer any fascination for him. He would be ordered to pay a fine of £lO. UNFORTUNATE CIRCUMSTANCES. Isaac M'Queen came up for sentence on a charge of theft as a servant. Mr White, instructed by Mr Irwin, appeared for him. % Mr White said the circumstances were particularly unfortunate. The accused was 35 years of age, and had hitherto borne an excellent character. He had never previously been before the court on any charge. He was a married man with seven children, .aged from 14 years to two months. In 1916 he joined the Railway Department in Invercargill as a porter, and as a servant of the department he was in various parts of Otago and Southlarfd. In November, 1922, he became tablet porter at Lauder. His wages there were £4. subject to a deduction of 11s 6d, leaving a net income of £3 8s 6d. In addition to his railway duties, he also had certain postal duties for which he received no extra pay. His wife was consumptive, and lie got heavily into debt over her illness. Judgment summonses were taken out against him, and he got into desperate circumstances. He applied for £SO from his superannuation payments, but he could not get it. He was offered promotion to Christchurch, but he could not accept it, as his wife’s health required that she should live in Central Otago. He carried on as best he could, and finally embezzled these moneys to try and pay off some of his debts. It seemed quite easy to embezzle money from that department. The depositions showed that no audit had been made for three years. That he was no criminal was shown by the crude manner of his defalcations. They would be paid for out of the superannuation money, amounting to over £IOO, which stood to his credit. A number of testimonials had been handed to the probation officer, and counsel had received two further ones. The police report was quite good. If his Honor could see his way to extend some leniency there was every chance that the man would make good. /His Honor: It is true, is it, that the department will not suffer any loss? It will be able to deduct the amount from money paid in for superannuation? Mr Adams: The file has nothing about that, sir. I am told that the department itself cannot get the money back except by a roundabout method by which it could be done with the prisoner’s consent. There is £IOB there, your Honor. His Honor said the amount of the defalcations was £7O odd. It was not usual in cases of this kind to grant probation, but the probation officer had strongly recommended it, and the circumstances were somewhat unusual. The accused would be released on probation for a term of three years, one condition being that he make restitution forthwith to the Government, and that he pay the costs of the prosecution, £1 Is.