TWELVE MONTHS’ GAOL

Wanganui Chronicle, Volume 79, Issue 264, 7 November 1936, Page 5

TWELVE MONTHS’ GAOL

PENALTY FOR CATTLE STEALING DIFFICULT CRIME TO DETECT THE WAIOURU STATION CASE Sentence of 12 months' imprisonment with hard labour was imposed by His Honour, Mr. Justice Keen, on George Thomas Phillips, in the Supreme Court at Wanganui yesterday, for cattle stealing, His Honour pointing out that such a crime was uiliicult to detect. Mr. A. D. Brodie, on behall of thq, prisoner, asked that the Court extend leniency in view of the prisoner’s age, 56, and that nis life had practically all been lived in the Wanganui district, where he was farming until two or three years ago. Counsel had in Court the manager of the mercantile firm which had financed Phillips, the accounts running into several thousands of pounds, who had found him strictly honest in all his dealings. “I would urge also the strong recommendation of the jury towards leniency,” Mr. Brodie added, "and 1 infer from that that the jury really accepted in favour of the prisoner the view of the matter I endeavoured to put before it, and of which I will say no more. If that is behind the recommendation I ask Your Honour to give full effect to it.” Counsel said he knew the Probation Officer’s report did not recommend probation, but. in his opinion, that report disclosed that the Probation Officer was not himself aware of the position and had reported from hearsay. Counsel quoted one or two aspects of the report. His Honour: I accept it that he was previously of good character. What you have to do is to disabuse my mind as to whether cattle stealing is

not a very difficult crime to deteci and whether it is not prevalent in this district.

Mr. Brodie said he could not state to what extent cattle stealing was prevalent. “I can only urge that you give full effect to the jury’s recommendation,” he said. “It is sad to see a man who has previously borne a good character in the position you are in,” said His Honour. “But. I cannot help thinking that the way you took those cattle was very deliberate. They should not have been taken into a closed paddock at all. In fact, you practically admit that after you had. been there two years, you were going to take them and were entitled to sell them. The bad feature of this case, in my opinion, ’ that when those two men, Cotterill and another man with him, came to you looking for cattle you deliberately concealed from them the fact that the cattle were there.” His Honour felt that in such a case as this his hands were tied, and properly so. They were further tied by fi-jp but cattle stealing was most difficult to detect. •■»er would be se n<n 'ced to 12 months with hard labour. His Honour intimated that if it had not been for the jury’s recommendation a much heavier sentence would have been imposed. IMPRISONMENT IMPOSED 12 MONTHS FOR INDECENCY. DESPATCH OF FALSE TELEGRAM. In the Supreme Court at Wanganui yesterday Robert Thomas Flintoff, aged 26, was sentenced to 12 months’ imprisonment with hard labour on each of two charges of indecently assaulting boys. He was also ordered to serve three months’ imprisonment for sending a false telegram. All three sentences are to be served concurrently.

A plea tor leniency towards the prisoner was made by Mr. V. B. Willis. Ih usual circumstances, counsel said, he would hesitate to ask for probation on the major charges, but he was fortified in doing so in this instance by the rider which was read to iris Honour when the jury returned with its verdict, a rider recommending the prisoner to mercy. Counsel believed that what was behind that rider was that the jury regarded the position as "six of one and half a dozen of the other.” Counsel asked that that be taken fully into consideration. Mr. Willis said that he had had an opportunity of perusing the Probation Officer’s report and knew that it did not recommend probation and was not altogether satisfactory and did not carry the matter much further than ithe evidence before the Court did. Mr. Willis said that he had made inquiries and found that Flintoff was a hard and willing worker and had a job to go to. His Honour (Mr. Justice Reed): Probation is never granted in cases of this sort. Mr. Willis: Not even in the face of such a recommendation? His Honour: No. Mr. Willis: Then I cannot carry the matter further and can only ask Your Honour to deal with it as leniently as you can. Imposing sentence, His Honour said that the accused’s offence, bad as it was, would not have been so bad had he associated with boys or men of his own age. But in this case His Honour had to inflict such punishment as would act as a deterrent to others. It was impossible to guage the harm done to boys when a man several years older practised sexual depravity and got them to follow his lead. KNOWN BY ITS LABEL If you require the medicinal virtues of a good gin, look for the White Heart Label—that's genuine J.D.K.Z. Gin. Distilled with the berries of Italian Juniper. Sold in flasks, pints, and quart bottles in all hotels and bottle stores. —Advt.