TWO BURGLARS.

Star (Christchurch), Volume LXVI, Issue 20447, 27 October 1934, Page 11

TWO BURGLARS.

Sentences Imposed at Wellington. A DRAMATIC PLEA. Ppr Pres* 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, saved Mervyn John Cudbv from being declared an habitual criminal. With his brother, Arthur Cudbv, he appeared for sentence on five charges of housebreaking, to whi?h Arthur Cudbv near the end of the trial had dramatically pleaded guilty and on which Mervyn Cudby was found guilty by the jury. This morning each of the accused 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 instead to be detained for reformative treatment for a period not exceeding four years. Arthur Cudbv was sentenced similarly, *the period not to exceed three The Crown Prosecutor pointed out that there were 24 convictions against Mervyn Cudby in nineteen 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. The police had prepared evidence in fifty cases against them. Mervyn Cudby had made up his mind to live by preying on society instead of working and apparently for that purpose he recently purchased a ear to use as a tool in the trade of housebreaking. He did not like to declare a man an habitual criminal. He had always hesitated to do so and in the ten years 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 Cudby appealed to his Honor not to declare him an habitual this time, but give him one last chance. . In reply to his Honor, prisoner said that if given a chance he would make up his mind to give up crime when he finished the sentence. Mr Justice Ustler said he would give prisoner a chance, although he was not sure he was not failing in his duty to the public.