SUPREME COURT.

Star (Christchurch), Issue 8317, 16 May 1905, Page 3

SUPREME COURT.

CRIMINAL SESSIONS Tuesday, Mat 16.

(Before his Honor Mr Justice Cooper.)

The criminal sessions were resumed at 10 a.m., Mr Stringer appearing to conduct the cases for the Crown.

A SERIOUS OFFENCE

Thomas Lawrence, who 'had pleaded guilty on the previous day to a charge of having counselled and procured one William Henry Sutcliffe to use instruments for an unlawful purpose, came up for sentence.

Sir Russell, who appeared for the accused, said that he desired to call evidence as to the good character previously borne by the accused. Charles Louisson stated that he had known the accused since he was a schoolboy, and he had Borne a good character.

James Young, railway clerk, also gave- evidence.

Mr Russell said that the accused had never been charged with any offence before, and he had been some time in gaol, where he had behaved in thebesi iranher. He had suffered considerably, and counsel asked that if his Honor proposed to deal further with the accrsed he should admit him to probation.

His Honor said that he had considered the case very carefully. As to the application for probation, in his opinion the offence was one in respect of which it would be entirely improper to extend tho provisions of the Firsb Offenders' Probation Act. The case did not come within that Act •at all, for when a man was a party to the crime of which the prisoner had been convicted he was doing an act which endangered life, and that was sufficient, apart from any other circumstances, to take the case out of the category of offences provided' for by the Probation Act. Quite apart from that, the offence, although the accused had not actually performed the operation, was of so serious a nature that it would bi« contrary to his Honor's 'duty to consider the application of counsel. The accused' 8 good character must weigh with him to some extent in determining the punishment. But the law held that the accused, although he had not actually committed the offence was an offender in the first degree. He was^afraid that there was not sufficient consideration or thought on one part of young men when they indulged in vicious practices and tHen wished to get rid of* the consequences. They did not think for the girl or for their example. Some people thought that the offence was a comparatively venial one, but he entirely disagreed with them, considering it most serious. It had been suggested that his degree of guilt was of a lesser nature than that of the man who performed the operation. He thought differently There was, perhaps, something to be said in favour of a girl in such a case. When a young man got a girl into trouble and persuaded, another person to commit an offence he was generally actuated by a desire not so much . to save the girl from shame as to get himself out of the trouble and expense. The principal offender in the case had been sentenced by the Court to six years' imprisonment. He might be said to differ from the accused in having performed »an act for reward, but he would not be expiating a crime if he had not been persuaded by the accused to commit it. It was a very painful duty* for any Judge, and especially for him, to see a man in the accused's position and to have to administer the law. He failed to see any material difference between the offences of the accused and Sutcliffe. He would take intp consideration the s facts that the accused had been in gaol for some months and that he had not persisted in his defence. His prior good conduct must also be considered, but under all the circumstances a term of four years' imprisonment with hard labour must be imposed, the sentence to 'date from that time.

THE AMBERLEY BURGLARY. Herbert Allandale, Frederick Dennett and John Hayes were indicted for that, on or about April 9, they did. break and enter the Government railway station at Amberley, and steal therefrom money, stamps and postal notes, of the value of about £200. Allandale pleaded " not guilty," Dennett (for whom Mr Donnelly appeared) pleaded "not guilty," and Hayes (for whom Mr Hunt appeared) pleaded " guirfy." Mr Stringer suggested that Hayes should be dealt with at once, as one oide or the other might wish to call him as a witness.

Mr Hunt said that h© wished to ask the Court to treat Hayes leniently. He was twenty-seven years of age, and the sole support of his parents, who were both over seventy years of age. He had never been in trouble of any kind before, and had always been in regular employment. Mr Stringer said that the accused was not known to the police.

His Honor said that he would assume the good character of the accused. He had committed a very serious offence, of a nature such that it was eliminated from the Probation Act, and oould be punished only by imprisonment. By pleading guilty, the accused had meant presumably that he was a party to a grave offence. Assuming that he had been of good character, his Honor would treat him as a first offender. If he had ever previously been convicted, he would have received a very severe pumshment. His crime was a serious one, and he must be sentenced to three years' imprisonment with. Hard labour. The case against Allandale and Dennett waa then taken

Harry Daniel, stationmaster and postmaster at,Amberley, stated that no looked up the Dremises at 9.35 p.m. on Saturday, April 8. In the safe there was £28 4s lid of railway money in cash, £73 4s Id in postal cash and vouchers, the latter aggregating about £10, stamps worth £68, and postal notes for £40 3s 6d. There were thirtynine shilling stamps, £1 worth of haltcrown stamps, some three and four shilling stamps. £6 worth of os stamps, seven and eight shilling stamps, £10 worth of ten shilling stamps, and £2 worth of £1 stamps. There were also other stamps of smaller denominations. On the Sunday morning he was called, and found tha safe blown open. In the railway money there had been two tenpound notes, and in postal cash a twenty-pound note, two ten-pound notes and some five-pound notes. Henry Thomas Heaven, linesman, stated that at 8.55 p.m. on Sunday, April 9, he found that the railway station had been broken into, and all the contents were in disorder. lne safes had been blown open, and he found some pieces of. explosive on the floor. '_ •■ Harold Yorke, licensee of the Harewood Arms Hotel, Oxford, stated that on Tuesday, April 4, 'Dennett and Hayes put up at his house, the former, who wore a beard, giving the name of Rutlftrford, They said that they would stay till Friday, but they left on Thursday morning without paying. Helen Orange, a resident of Tuam Street, said tha^ on March 29 she let a room to Allandale, who gave the name of Allan. He went away on April 4, returning on April 6. On that day Dennett called on him about eleven o'clock. He gave the name of Rutherford. He had a beard. That night, Allandale, Hayes and Dennett entered the house together, carrying a box. Allandale did not sleep in his bed that

night, and next morning the box was gone. On the Sunday morning she noticed that Allandale's bed had been disturbed, but it did not appear to have been slept in. Albert" Edward Orange stated that Allandale had been out on the night of Saturday, April 8, and had not returned up to half-past eleven. George G. Fitzgerald, licensee of the Railway Hotel at Amberley, stated that on the night of Thursday, April 6, Allandale called and asked for a room for three men. The hotel was full, and he directed Allandale to othor nouse. About three o'clock on the following Sunday morning he heard a rumbling noise. Later on he heard a horse and trap on the road. He saw that it was being driven towards Rangiora. Margaret Fitzgerald, wife of the preceding witness, gave similar cvi-

dence

William Easton Bourhill, head stableman at the Royal Hotel, Christchurch, said that on the morning of Friday, April 7, Hayes hired a trap from him. A man who was, to the best of his belief, Dennett, was waiting outside for Hayes. He saw them together that night. At ten o'clock on the following morning Hayes called for the trap. He returned alone with it about twen-ty-four hours later. Hayes took a good journey horse and a red-wheeled gig. The horse would run easily from Amberley to Christchurch between five and ten o'clock in the morning. When it- was returned it appeared to have done- a journey, but not to have been recently hurried. WilHam Alfred Stevens, groom employed at Donald's stables, Rangiora. said that Hayes hired a horse and trap from him on Saturday, April 8, about 2.30 or 2.45 p.m. He returned about midnight. Witness followed him out of the stable and saw him go to another gig. He heard voices, apparently of more than two persons, coining from the gig, which drove off along the road leading to Amberley, close on fifteen milei aw&y. x Peter London Donald, livery stablekeeper at Rangiora, stated that just after the trap had been hired he saw Hayes talking to Dennett in Rangiora. Shortly afterwards he saw Hayes driving through Southbrook towards Christchurch. The horse hired by Hayes was a good one, and would do the journey to Christchurch in about an hour and three-quarters. He would return just as well after a rest.

Thß Court then adjourned till 2 p.m. William S. Mitchell, proprietor of the Crown Hotel, Amberley, stated that Allandal© applied to him for .accommodation on the night of, April 6. Hayes and Dennett arrived shortly afterwards, and wore given beds. About a couple of hours elapsed between the time of their booking beds and their going to bed. They had breakfast together, and left for the station the next morning. Allandale had a scar on the bridge of his nose. t m Charles Austin Button, captain in the Salvation Army, stated that early on Sunday morning, April 9, he saw three men driving in a gig at Rangiora. They were travelling from the direction of Amberley. Two of the men were Allandale and Dennett.

Robert Charles Cobb, lieutenant in the Salvation Army, stated that he had been with Su&on, and had seen the gig about seven o'clock on the Sunday morning. Allandale and Dennett were in the gig. Thomas Robert Elverton stated that he lived on the Rangiora-Christchurch Road, about a mile from Rangiora, on the Chrlstchurch side. Between 6.30 and 7 a.m., on Sunday, April 9, he saw three men drive past towards Christchureli, in a red-wheeled gig. TJey were the three men he had identified at Amberley, two of them being the accused. Letty Clothjer stated that on the morning of April 9 a red gig|passed her at Clarkville, on the Kaiapoi Road. There w.ere three men in it, J>ut she could not identify them. Agnes Hunter stated that Hayes and his people had been living next to her in North Street,. St Albans. Prior to Sunday, April 9, Dennett had been living with the Hayes's family for about three weeks. (Left sitting.)

FPer Press Association.] WELLINGTON, May 16. The Supreme Court was occupied this morning with an alleged libel action, in which Herbert Thomas Wood, chemist, Masterton, sued Thomas George Mason, chemist, Masterton, for £SUU damages, on account of a letter written by the latter to 1 the Hospital Trustees, regarding the tenders for chemists supplies to the hospital. The letter alleged that Wood overcharged the articles supplied outside the schedule. The defence denies any libel, and claims that the letter was bona fide, without malice, and true in substance and in fact. The' case is proceeding.