SUPREME COURT.

Star (Christchurch), Issue 11670, 10 April 1916, Page 6

SUPREME COURT.

■■» , PRISONERS SENTENCED. (Before his Honor Mr Justice Dcnniston.) At tho Supreme Court today prisoners awaiting sentence were brought bofore his Honor Mr Justice Donniston and dealt with as follows: -- INDECENT ASSAULT. Frederick John Lewis, who had pleaded guilty to indecent assr.ult, said be had nothing to say. His Honor read a list of previous convictions, which included inducing boys to abscond from industrial schools, breaking and entering, larceny and other crimes. The prisoner, .said his Honor, had pleaded guilty to committing tho most, disgusting crimes that had ever come under-his experience as n Judge. In addition accused had had a criminal career. His Honor said that, he had never eomo across a case where the full penalty of the Jaw war, more justified. Prisoner was a menace to the community, and the only place for such a man was behind bolts and bars. Tlie public must bo protected from such a man. Prisoner would he sentenced to ten years' imprisonment. In addition, he had committed crimes that had brought him under the jurisdiction by which lie could ho declared an habitual criminal. His Honor said that prisoner would, therefore, in addition to serving his sentence, be declared an habitual criminal. A SERIES OF- THEFTS. Thomas A. Crooko, who had pleaded guilty to committing theft (four counts) and to breaking and entering a dwelling, handed in a. written statement. His Honor, after perusing the document, said it was of the ordinary kind, pleading for leniency; but lie did pot propose to be lenient, as prisoner had too many previous convictions against him and had evidently made up his mind to follow n career of crime. He would he sentenced to five years' imprisonment. BREAKING AND ENTERING AND THEFT. Noel D. Howard, twenty years of age, and William Henry Grant, eighteen years, appeared for sentence on charges of breaking and entering and theft respectively;. Prisoners handed in written statements. His Honor said that Howard had commenced to steal at an early age aj>d had been convicted on charge* of theft. He had been sent to Burnham and to the Woraroa Farm. He had on one occasion been ordered to receive six strokes with the birch. Howard's letter was cleverly constructed and showed, the lad to possess brains. He did not propose to place Howard in gaol to mix ,with criminals, but would order him to Invcrcargill for two years' reformative detention and treatment. His Honor said that from Grant's statement it appeared that he was unwilling to be recommitted to Burnham, but he hinlself had been over the institution and saw nothing against it. He considered it in Grant's interests to be sent to Burnham and he would recommit him to that institution until he was twenty-one years of age. FORGERY. George Albert Hosselyn appeared for ssntence on charges of forgery and uttering. Mr J. R. Cuniugham stated that prisoner was twenty-three years of age and' was born at Mataura. Pie had lost lis father when he was two years of age, and had been brought up on a farm until he was sixteen. Afterwards he had entered' another occupation, and in August, 1914. bad enlisted and gone to Egypt with the Otago section of the Main Expeditionary force. He had | taken part in th» historical landing oh! Gallipoli on April 25, 1915. and was hit j with shrapnel two hours afterwards. Hoi was sent to Alexandria, where he was • treated for rheumatic fever as well as his wounds. He was unconscious for j eleven days. He returned to New Z'ou- ' land on July 18. and in October last had had to re-enter the Dunedin Hos- j pital for' three weeks for a recurrence of rheumatism. He had been afterwards taken on the instructional staff and sent to Hanmer to look after convalescents there, and* had found tho cheques while there and had been tempted to commit the crime. At that time £32 was owing to him by the authorities in pay, and there was delay in getting it. His Honor remarked that that hsid nothing to do with the forgery. He failed to see how it could apply in any way. Mr Cuningham, continuing, said the prisoner held a good record* outside of this lapse, and he had since been employed as a recruiting officer. Mr S. G. Raymond. K.C., avlio appeared for the Crown., said that tho gallantry of the accused as a soldier was not disputed, and his general character was good'. He had cashed a I cheque for £lo and given one of £3O to Mesrs Stewart-. Dawson and Co., for n ring. Awused had been spending money freelv and Jiving fiashly. at the Lodge. Hanmer. He had heen discharged froan •Hajnmor with several others when the trouble took place there. Mr Cuningham said the ring had been returned and the money (£ls) had l>oon partly repaid and would he fully restored. His Honor, addressing the prisoner. I said that he wanted him to understand that his services to his country and iiis otherwise good character were circumstances of special consideration. He did not wish that soldiers would consider that other cases might be dealt with as he. intended to deal with this ..me, which, presented several peculiar ! and special features. He would order accused to come up for sentence when called upon and 1 'admit him to probation THEFT FROM POSTAL PACKET. Gordon Hugh Ayson. a youth of eighteen vears of age, apeared for sentence on 'a charge of extracting money from u registered postal package. Mr A. T. Donnelly, who appeared for accused, said that he had been employed in the Postal Department. He had opened a registered letter and extracted CI from £o contained therein. Accused was living away from home. His mother was dead, and his father, who was an old age pensioner, could not exercise proper influence over him. He that accused should be placed »uinfer the care of a Presbyterian Church official, who had offered to care for him. James Term ant. Presbyterian nussioner at Linwood. stated that he had known accused for three years and a half in connection with Sunday school work, and had always found him a good lad. Home influence was lacking. He would undertake to exercise personal supervision over accused if his Honor so directed, and would find him employment. . Mr Raymond said there was notlnug against the boy other than the charge. The chief difficulty ol the authorities was in the matter of control. His father was too old to exercise influHis Honor said that at one time there was a feeling that offences against tho public funds should be severely dealt with, and in certain circumstances thev should be. and rightly so. r Jho accused was a very young man who was unfortunate in lacking parental influence He did not think any good nuri)ose would be served in sending a bovV his age to gaol. His character had been shown to bo good. He would admit him to probation tor one year. and he warmd accused not to commit any further offence. It was, he must understand, owing to the goml offices of .Mr Tennant that he had dealt uitli him as ho had. | FOHGKD DOCUMENT. j .lames A, Robertson appeared for sentence on a charge of forging a document in order to gain a position. Mr A. T. Donnelly, who appeared tor ' .H-.-u-ccl. explained that nccu-cd had not caused injury lo anyone in what- lie

had done, and had committed the lapse in order to gain a- position. His father was willing" to give assurance of his future good behaviour. His Honor said he realised that no harm had' occurred to anyone. The accused, who was young, had attempted to swindle the Department by giving a different status to that to which. he was entitled, thereby hoping to gain a position. The act was illegal, but it did not disclose a guilty mind or criminal intention. Ho would fine liim £5. to cover costs of the proceedings, in default one month's imprisonment. THEFT OF MONEYS. . Clarence Barton Lye appeared for sentence on charges of embezzling moneys tho property of Messrs Butterworth Bros. Mr J'. A. Cassidy, who appeared for accused, stated that he was twenty years of age and a native of Christchurch. Pie had started work as a clerk when he was fourteen years of age. He had shown marked aptitude in accountancy, and had" served several fnms with credit and was of excellent character until this lapse. He had left the firms only to improve his position, and had been in the employ of Messrs Butterworth Bros, for two years and five mouths, starting at £9O per year, and his salary had been increased to £IOO. He handled about £IO,OOO a year in cash in his transactions as clerk. Accused had been drawn into gambling by evil companions, and those.evjl people had persuaded him to continue his gambling in order to make a recovery. This had resulted in disaster. He had enlisted for the front and had been accepted. His Honor: Do I understand that accused took to gambling as a means of increasing his salary? It is extraordinary that young men should: consider gambling a- means of doing so. His character is not disputed, I believe? Mr "Raymond: No, your Honor. Archdeacon H. Elisor, of Akaroa, who gave evidence as to character, said that be had known accused since he was three years of age, and could answer for his character until he was eighteen yqars of age, for lie and his family .belonged to bis parish. Accused was oxcoptionaJly clever, and his one fault was that he developed eoncciteduess. He thought his ability tended to create. >i sense of overweening importance- of himself. Accused wits a good, clean-living lad. and had helped his parents by carnin<£ money to pay' for his studies, thus relieving their responsibilities. William J. Welsh, storekeeper. Darfield'. also ga\o evidence voluntarily, that licensed bud'acted for him in banking matters, and had banked £IO,OOO of his money in two years. He found hi.s character excellent, and would trust him again (o-niorrow tn continue to act for him. His Honor remarked thai he had created a precedent in eases of t lie kind where an offender had enlisted. He would consider.the position and announce his decision on ilay "I. Acwould he admiited to b.-iil on bis present s,>curitif Jt