SENTENCES FOR CRIMES

Taranaki Daily News, 25 November 1929, Page 6

SENTENCES FOR CRIMES

THREE YOUNG MEN PUNISHED THEFT OF £3OO FROM C. C- WARD i i ■ i TWO. CULPRITS DEALT WITH. HORSE THIEF TO PAY HEAVY COST Three youthful prisoners were sentenced by Mr. Justice McGregor at the New Plymouth Supreme Court on Saturday. They were William Chude White and Joseph Abraham Cleaver, who had both admitted breaking and entering theprem’ses of C. C. Ward, Ltd, New Plymouth, some time ago and stealing' £3OO, and Alfred William Barlow, who was found guilty this session of the theft of a gelding at Stratford. White was sentenced to five years’ . reformative detention, the term to be concurrent with his present sen- ■ tence for five years. Cleaver was given three years’ detention in a Borstal Institution. Barlow was ordered to be released upon the payment of £65 12s 9d, the costs of the prosecution, and to be bound over for sentence, on the charge at any time during the next three years. White and Cleaver appeared in the dock together. Speaking on behalf of White, Mr. J. H. Sheat said it seemed there was little, if anything, that he could say on behalf of the prisoner at that stage. He was already serving a term of five years’ reformative detention for a series of similar crimes in South Taranaki. He was one of a gang of young men dealt with at the last sitting of “The . court in New Plymouth; there was this bdy and his two brothers and two cousins. They had started out on a career of crime and for the major part of the offences they had been dealt with in New Plymouth last session and later in Wellington before the Chief Justice. All of them were now serving either terms of reformative detention or Borstal treatment. All he could ask was, that his Honour should take this fact into consideration when dealing with White for his crime in New Plymouth, which was one of a series foolishly embarked upon. The judge said that though this was a bad case he saw no reason why he should materially add to White’s present sentence. He would therefore be sentenced to a term of reformative detention concurrent with the term he was now serving. On the application of Mr. S. F. Grayling, who appeared for the Crown, an order was made for the restitution to C. C. Ward of £1 found on White at the time of his arrest.

THEFT FROM HIS EMPLOYER. BURGLARY "BECOMING INDUSTRY.” Cleaver, in addition to the burglary charges, had admitted receiving stolen property. He was represented by Mr. R. H. Quilliam. “I think I am justified in saying this is a very unusual case,” said counsel. The judge: You are certainly justified in saying that, Mr. Quilliam. “It is a very sad case,” continued Mr. Quilliam, "for up till the time of these offences this young man had borne an execellent reputation. He is the son of highly respected parents who are held in esteem throughout the district.” Counsel added that while his client had no desire to shelter behind others, he felt he was justified in saying that Cleaver had been led into his crimes by the temptation offered by the success of the other men in their crimes. Ho was a close friend of White, who had been induced by his brother and cousins to join them in their adventures. White, it would appear, had passed the temptation on to Cleaver.

Counsel was sure the police would be the first to admit this boy had been hard-working and bad borne a reputatation for honesty. It was noteworthy that the offences had been committed about the same time. Cleaver had given the police every assistance in clearing up the matters relating to tho theft and he now realised that he must be punished for what he had done. The- best evidence on his behalf was the fact that since his release on bail he had been taken back into employment by Ward, the man from whom he had stolen the money. Ward was in the court and, if desired* by his Honour, ho was willing to say what he thought of Cleaver, who, if given probation, would be able to continue in his present situation. A man who had ’’gone surety” for Cleaver and who had been keeping a close watch on him, had offered himself as a guarantee that the boy would lead a decent, upright life if his Honour saw fit to grant probation. Counsel recognised that the court would look further than the interests of the individual in such a case, but it was.his duty to point out that Cleaver had already suffered severe punishment. No harm could be done but possibly great good by his release on probation. He had already been punished and the community vindicated. “1N A SPIRIT OF BRAVADO.” Cleaver was only 21 years of age and he realised fully the shame he had brought on himself and his parents. His crimes were committed not with any criminal intent, but in a spirit of bravado engendered by the accounts of. the success of other boys in similar exploits. His Honour. What has he done with tho money? Mr, Quilliam: He has refunded £9O remaining from his share after spending £6O. That is a large sum,’ and though his parents are not in very good circumstances they realise the money should be repaid and will see that it is done. His Honour agreed that this- was a very sad case, but said it was hardly correct for counsel to suggest that it was of an unusual type, not in Taranaki at present, at all events. “It seems that breaking and entering and. theft are becoming an industry here, and it must be stopped,” ho continued. “I have heard similar cases this week and here I have another before me. I should not be doing my duty if I did not punish the men concerned.” It was true, he said, that Cleaver was only 21, that he was well brought up and had no need to steal; yet he had broken into his employer’s premises and stolen over £3OO in cash and goods. He bad betrayed the trust imposed in him. No doubt he had borne a good character,

till he was found out. The judge said he would be failing in his duty were he to allow Cleaver probation. The interests of the public had to be protected and the men responsible for the crime must be punished. This class of offence must be stamped out in Taranaki, where there had been a great deal of this sort of thing during the past 12 months. Sentences tyere imposed not merely as a punishment for tho individual but as a deterrent to others. . The fact that Cleaver had a good home, a good name and a good education was a two-edged sword, for if he had not had those advantages he would not have been employed by Ward. It was his duty to inflict a sentence, but he would 'take into account the fact that Cleaver had been led astray by White, and would therefore order him Borstal detention for three years. The sum of £9O recovered from Cleaver was, at Mr. Grayling’s request, ordered to be paid to C. C. Ward. ALFRED BARLOW GIVEN A CHANCE. LACK OF CONTROL BY HIS FATHER. Alfred William Barlow sa'-l he had nothing to say when the formal question was put to him before the passing of sentence. ’ The judge recalled that. Mr. P. O’Dea had'addressed him the other day on behalf of Barlow. "The jury made a very strong recommendation to mercy,” said his Honour. “1 quite agree there were circumstances that justified that recommendation and I propose to give full effect to it.” At the same time, though he may have, been more,foolish than dishonest, Bai low had taken a horse and exchanged it ill another district with a man. whom he had treated rather shabbily. Barlow was only a boy, however. He had no mother and had ; not had the parental control to which he was entitled and wliich he needed. Instead, he had been left a good deal to himself and. thus had fallen into this crime.

He had already spent a day or tw in gaol and this would no doubt' be a lesson to him. His release would therefore be ordered after the payment of the costs of the prosecution ( £65 12s 9d), and he would be bound over to appear for sentence on this charge at any time during the next three years. “You understand, Barlow, that I am giving you a chance,” said his Honour. “But if you don’t behave yourself you can be brought before the court for sentence to a term of imprisonment for this offence. If you behave yourself during the next three years you will hear no more about the matter. I hope you will take your chance.” \ . His Honour said he understood 5 the father of the boy was in a position to pay the amount stipulated before his boy would be released. It was quite right that he should pay because it was to° some extent due to the father’s lack of control that his boy was in. the court that day.