SENTENCE PASSED.

Star (Christchurch), Volume LXVI, Issue 20543, 19 February 1935, Page 7

SENTENCE PASSED.

Big List of Prisoners in Supreme Court. HIT WOMAN WITH BAR. Sentence of two years’ detention for reformative purposes was passed by Mr Justice Johnston in the Supreme Court this morning on James Houston, who was accused of assault causing actual bodily harm. Mr Young (for the accused) stated that Houston was a single man, aged thirty-two years. Pie was a New Zealander by birth, and had held positions in different hotels in Dunedin and Christchurch. Latterly he had only casual employment, and he had been out of work for the six months prior to the assault. He had never been convicted before. For the past three and a half years, continued Mr Young, the prisoner lived with a Mrs Foster, who had been deserted by her husband, and the couple were saving to secure a divorce at the earliest possible moment. During the three y'ears, Houston’s friendship for the woman became affection, and when she told him that she intended returning to her husband he was very much upset. He Sought solace in two days’ drinking. Then, last Christmas Eve, he was drinking with a few friends at an hotel, where he was told that Mrs Foster’s husband had stated that Houston had broken up his home. The prisoner became furious, and for four hours walked about in an alleyway. Then he picked up an iron bar and went in search of Foster. The accused entered the room where he believed Mr and Mrs Foster were sleeping, and called, “ Are > r ou there, Foster?” He thought he saw the husband, and directed several glancing blows, but when he heard a woman screaming he knew he had struck Mrs Foster. Subsequently he made a full confession. He had been in gaol since December 25, and Mr Young asked for leniency. His Honor, in passing sentence, said il was true the accused had no previous convictions, and apparently the crime had been committed under the influence of liquor. It did not seem premeditated, but he might have found himself charged with the much more serious crime of murder. He could not be let loose if he was subject to fits of uncontrollable passion. The prisoner was sentenced to detention for reformative purposes for a period not to exceed two years. Probation Justified. Ormond Leslie Pawsey (Dr Haslam) was admitted to probation for twelve months for unlawful carnal knowledge. Dr Haslam said the prisoner was a young man who met the girl concerned on a farm.

His Honor said that, taking into account the circumstances, he would feel justified in admitting the prisoner to | probation. Given Another Chance. On a charge of receiving, Cyril Rhodes was admitted to probation for twelve months. Mr Russell said that the prisoner was twenty-six years of age and had not appeared in Court before, except for a small offence when he was eleven. Rhodes had been acquitted on the more serious charge of theft, and counsel asked that the probation officer’s recommendation of probation should be acted upon. His Honor said that the probation officer’s report was to the effect that the prisoner would reform under probation. The prisoner would realise how necessary* care would be if he should be admitted to probation. Criminal Type. Reginald George Smy'th, alias George M’Donald, was sentenced to two years’ hard labour on a charge of indecent assault on a male. His Honor remarked that the accused had been convicted on various charges in 1915, 1918, 1923, 1926, 1929 and 1933. The prisoner had attempted to put up false stories and the offence was most despicable. He appeared a criminal type. Twelve Months’ Gaol. Daniel Ferguson (Dr Haslam) was sentenced to twelve months’ imprisonment on each of two charges of receiving stolen property and of burglary, the terms to be concurrent. His Honor declared that the prisoner had a long list of convictions for drunkeness and breaking and entering with theft. Probably- Ferguson’s deafness was a handicap to him. Fifteen Months’ Imprisonment. Henry Betts and George Baynon Caney, both convicted of theft, were each sentenced to fifteen months’ imprisonment, the terms to be concurrent with sentences of three months’ imprisonment passed by the Magistrate’s Court. His Honor said both accused seemed to spend their time in and out of gaol. The theft, in this case, had not been of a large amount. Inquiry Into Mental State. James Shearer, on a charge of incest, was sentenced to imprisonment for two vears. After reading a statement prepared by the prisoner his Honor said that he had noted the reasons by which the prisoner attempted to justify the ‘’rime. They* showed that he was in a mental state that should certainly* be inquired into. Knew What He Was Doing. Brian Forbes Twiss, on two charges of theft, was sentenced to two years’ imprisonment. His Honor said that the prisoner seemed to have been convicted of various offences and had been sentenced to probation for three years on one occasion. He had had hard labour sentences varying from three to six months for obtaining credit by* fraud, false pretences and theft. There seemed to be no excuse at all. Apparently* the prisoner knew exactly what he was doing; he was well educated. Time to Recover. John Irving Simpson (Mr Russell) was sentenced to reformative detention for a period not exceeding two y*ears on five charges of indecent assault on males. His Honor said that obviously the prisoner needed time to recover and to become a decent citizen. Admitted to Probation. Arthur Edward Collins was admitted to probation for two y*ears following conviction on a charge of indecent assault on a male. His Honor, in parsing sentence, took into account the fact that Collins had no previous convictions. Gave Himself Up. William Arthur Pitts, who returned j

to New Zealand from Australia in order to stand his trial on two charges of obtaining money by false pretences, was convicted and ordered to come up for sentence if called upon. His Honor considered that as Pitts had shown he was serious in his good intentions by returning and giving himself up, he was worthy of another chance, and ordered him to come up for sentence if called upon.