SUPREME COURT.

Taranaki Herald, Volume LVIII, Issue 14345, 25 October 1910, Page 7

SUPREME COURT.

CHRISTCHURCH SESSONS. Per Press Association. CHRISTCHURCH, Oct. 24. At the Supreme Court this morning Charles Johnston, who had pleaded guilty to two charges of breaking and entering, appeared for sentence. Iho prisoner, who admitted several previous convictions, was sentenced to twelve months’ imprisonment with hard labour on each charge, the sentences to bo concurrent. James Girdwood M'Kcnzie, a young man of very respectable appearance, came up for sentence on two charges of theft. The thefts were committed by the prisoner while he w.as clerk in the employ of the State Fire Insurance Office, and the money misappropriated by him was the property of the department. Sentence was deferred. A CURIOUS CASE. CHRISTCHURCH, Oct. 24. A case which presented some peculiar features, and in connection with which some strange statements were made by the defending counsel, came before the Supreme Court to-day. John Park, a youth of nineteen, appeared for sentence for breaking and entering and theft. The offences were committed at Glenavy, and concerned the Glenavy railway station. Mr. Alpcrs appeared for the prisoner, and Mr. Wrigjit for the Crown. In reply to an application for probation, His Honour said that if the matter stood by itself there would have been probation. As there was another case ho did not think the Court should deal with the matter at all just now. Referring to the .case pending against the prisoner, counsel for the defence said that it also was connected with Glenavy railway station. It scorned that the station was a sort of lounge for the young men of the district. They were allowed to go behind the counter and change pound notes for themselves. The prisoner’s father who was a storekeeper, practically had the run of the station. It seemed that the breaking and entering was ft crime of the most technical character. His Honour said that if application was made for alteration of the place.of trial in the second case he would make the necessary qrder. Prisoner was admitted to bail, and ordered to appear for sentence after the hearing of the further change against him. CHRISTCHURCH. Oct. 25.

At the Supreme Court this morning Mr. Judge Sim sentenced James Girdwood M’Kenzie, charged with thefts from the State Fire Office. Sentence had been deferred to allow the judge to look into the authorities on the question of probation. His Honour said that in tho case Hex v. Fowler, Mr. Justice Cooper laid down that the. First Offenders Act should be administered on some settled principle, and that where an offender abused a position of trust on more than one occasion probat ion should not be granted. In Rex v. Clark, Mr. Justice Chapman allowed probation to a Road Board officer whose thefts wore due to drink and there had been no criminal intent. In the present case there was no dircumstance of the kind and a sentence of six months’ hard labour was imposed.