GIVEN A CHANCE

Timaru Herald, Volume CXXXVIII, Issue 19942, 29 October 1934, Page 3

GIVEN A CHANCE

JUDGE HEEDS PLEA By Telegraph—Press Association WELLINGTON, October 27. A brief, but moving plea from the dock, after counsel had spoken on his behalf, and Mr Justice Ostler was about to pass sentence upon him, in the Supreme Court to-day, saved Mervyn John Cudby from being declared an habitual criminal. With his brother, Arthur Cudby, he appeared for sentence on five charges of housebreaking, to which Arthur, near the end of the trial, had dramatically pleaded guilty on Thursday, and on which Mervyn Cudby was found guiltv by the jury. This morning each pleaded guilty to four other charges of housebreaking and to a charge of having been found unlawfully in possession of housebreaking instruments. Mr Justice Ostler, although having just previously expressed his intention of doing so, refrained from declaring Mervyn Cudby an habitual criminal, and ordered him to be detained for reformative detention for a period not exceeding four years. Arthur Cudby was sentenced to reformative detention ti-. 3 period not to exceed three years. The Crown Prosecutor pointed out that there were 24 convictions against Mervyn Cudby in 19 years, Mr Justice Ostler referred to the fact that there had been an epidemic of housebreaking in Wellington, and that it had ceased immediately on the arrest of the prisoners, and that the police had prepared evidence in 50 cases against them. He said that Mervyn Cudby had made up his mind to live by preying on society, instead of working, and apparently for that purpose, he had recently purchased a car to use as a tool in the trade of housebreaking. He did not like to declare a man an habitual criminal and always hesitated to do so. In the ten years that he had been a judge, he had only done it on two occasions. It seemed to him that he would be failing in his duty to the public if he failed to declare Mervyn Cudby an habitual criminal. At this point, Mervyn Cudy appealed to his Honor not to declare him an habitual criminal this time, but to give him one last chance. In reply to his Honor, prisoner said that if he were given a chance he would make up his mind to give up crime when he finished his sentence. Mr Justice Ostler said that he would give him a chance, although he was not sure he was not failing in his duty to the public. i