SENTENCES ON FIVE MEN

Taranaki Daily News, 21 August 1930, Page 7

SENTENCES ON FIVE MEN

ADMITTED GUILT OF CRIMES THREE GET TERMS OF PROBATION. OFFENCES OF VARIOUS NATURES. - Sentence was passed by Mr. Justice Ostler yesterday on five prisoners who had pleaded guilty to various offences jn the lower court. William Tuffll Purchas. —Indecent assault on female aged six years: • Probation for one year and to pay. costs of prosecution, £3 7s 3d. Mr. L. M. Moss said that although the offence was in a very serious class there was a great deal that could be said on Purchas’ behalf. The offence •was fortunately a light one of its kind In that the girl was not harmed in any way. Purchas had shown great restraint and will power in the matter. The offence was committed in a shop in a small .town. J Counsel submitted it was more the

act of a man who was extremely ill than of one addicted to vice. Purchas admitted the matter frankly in the

lower court and had obviated the giE

(being called. He was tubercular. On . the death of his father he conducted a small saddlery business with some measure of success, although he was hot very experienced. He supported his mother, aged 74. • ’.This had been a great blow to him and his family. Previously he had borne an excellent reputation. A number of testimonials were available, including bne from Archdeacon G. H. Gavin.

' Tt was suggested that the offence was due to the fact that he had had no relaxation of any sort from a painstaking life with the result that he suffered a monotonous repression. ; In addition to the worry he had suf ■ fered after the offence he had received a severe thrashing from the father of the child three weeks ago. As a result he spent some time in bed and he had not recovered completely yet. He had no complaint to make about that, however,'for he recognised he deserved it, Counsel said Dr. Walker was present to Apeak of Purchas’ health if necessary. A sister of Purchas was a trained nurse.. She lived at. home and, if the court ordered hift release, she would look after her brother.

“I don’t desire to hear the doctor as I propose to grant him probation,” said His Honour. He said, it'was hot usual to grant probation for such offences but he was prepared to do so .in this instance because no harm had been done the girl, a clean breast had been made to'the police and the father had taken the law. into , his own hands, a punish-, ment that., fitted the crime, caid His Honour.

Frederick O’Keefe.—Breaking, entering and theft: Probation for two years; , to take out a prohibition order; to remain away from Taranaki for two years; to pay costs of the prosecution, £1 2s 6d.

Mr. J. H. Sheat said he had only just been instructed in this, matter by the man’s relatives. They had told him that O'Keefe’s trouble was almost entirely attributable to drink and to the fact that he was out of work and had been associating with a widow who had two children. In fact, O’Keefe had told him that morning that he committed the theft ecause the children were in want.

His Honour; But the report, to me is that the widow is. in receipt of a pension of £5 8s i month.

'Mr. Sheat said O’Keefe had three halfbrothers, all of whom undertook to see that lip behaved himself in the future. One of' them lived in Whakatane. Another was in the court and, if probation were granted, he would see that O’Keefe did not go back to Kaponga but .was placed on a service bus and sent to Whakatane.

Counsel said he had the authority of the probatio officer to say that since his' ’ report was put in other information had come to him, and if he had known this before his report might have been different. O’Keefe was a single man. He had just completed seven days’ impr.’ > *ent for theft of firewood about the same time as the occasion of the present offence. Apart from this Ihe had previously borne a good record. . , .

< The.' amount, involved was very small. He had been frank ./ic., the police. He was prepared to take oit a prohibition order against Himself at once and to agree to n ny special conutions for probation the court might impose. In addition, counsel suggested he should be ordered to keep away from the widow and perhaps from Taranaki. The probation officer did not recommend' probation, said the Judge, and he was not sure whether he ought not to follow that recommendation. But he was always willing to give young men a chance if he could. Therefore he was going, to take the responsibility of giving him pro' tion on certain conditions. If he did not show he appreciated the chance by keeping out of f'e courts he might .start going in and out of gaol for the. rest of his life. He would not be treated so leniently next time.

John George Vincent.—Secreting postal packets (two charges): Probation for one year and ordered to pay costs of the prosecution, £2 Is.

As he had seen a copy of the probation officer’s report Mr. A. A. Bennett said lie did not feel he could take up the time of the court except to point out one or two things. The offence lay in secreting postal advertising packets at the height of the Christmas rush. It did not uggest any criminal intent. Vincent’s name had been suppressed hitherto and as he was a young man on the threshhold of life counsel suggested it might be considered whether the name might be again suppressed, and whether it were necessary to enter a conviction at all in view of the circumstances. •_ “Up to comparatively very recent times judges absolutely refused to give probation to postal officials who either - secreted or stole postal packets,” said His Honour. It was considered, he said, most important in the interests of the community that such officials should be honest. In recent times, however, probation had been granted and he was prepared to grant it in this instance, c It was pointed out by the judge that though Vincent had not stolen the packets he had secreted them to savp himeelf the trouble of delivery. That shdwedsarllnck- of- moral fibre. There Would be no order for

Daniel Howe. —Theft from a dwelling; breaking, entering and theft; forgery and uttering at Manaia: Reformative detention not exceeding two years.

Mr. R. H. Quilliam said Howe was a Maori aged 21. He had been in trouble when 15 with some other boys and was placed under the control of the Education Department. It appeared he had conducted himself very well indeed during the period of control, but the present case seemed to be due to slack control since he was 10.

For a time he was working on one of the department’s farms. Then he returned to his home. Hid people were of a decent kind, but perhaps the home influences were not just what was needed for such a youth. About a year ago ho committed forgery and afterwards went to Hawke’s Bay and then to Australia. He returned to New Zealand recently and, tho opportunity occurring, he fell to the temptation to steal. Later, when questioned by the police about this he volunteered the information that they wanted him for forgery. Tho youth seemed to have some good qualities if kept under proper control.

His Honour recalled that when a boy six years ago Howe was committed to an industrial school on nine charges of false pretences. He might have made good afterwards until concerned in the forgery involving fid. Later he was concerned in breaking, entering and theft. It was not possible to admit, him to probation. The only thing to do was to send him to a place where he would have to drork and thus strengthen his moral fibre.

Ted White (Pakerori Waiiti).—Per-' jury (two charges<: Three months’’' hard labour.

Mr. I. Prichard pointed out White was a native'without education. Though he spoke English reasonably well he was different from a pakeha and counsel asked that he should be dealt with leniently. Counsel explained how the charges had arisen through statements in judgment summons proceedings that ho was not at the Stratford races, whereas he had been seen there. White had since explained that he foolishly meant to deceive the court on the first occasion, while on the second he thought he would open himself to a charge if he did not reaffirm the statements.

Ho was a labourer, 42 years old, with 13 children, nine of whom were living at home. One died last.week. One son helped him occasionally. He had no money and he was concerned for his wife and family if he should be sent to gaol. If he could be released he would return to his home and he would never give any trouble again. He had been before the court on two previous occasions, once for being on licensed premises after hours and once for an assault at a football match.

His Honour said the crime of perjury was a very serious one as it struck at the roots of tho administration of justice. The courts could not grant probation on such occasions except in the most unusual circumstances. White must have known he was deceiving the court. He had lied under oath for that purpose. He would take into account the fact that he was a Maori and would lighten the punishment on that account.