BEHAVIOUR IN BOX

Waikato Times, Volume 126, Issue 21043, 20 February 1940, Page 6

BEHAVIOUR IN BOX

IMPRISONMENT RESULTS TWO GUILTY OF BOOKMAKING (By Telegraph.—Press Association) AUCKLAND, Tuesday “ If it had not been for your conduct in the box I might have persuaded myself to deal with your case, in your circumstances, not with a fine but with some form of recognisance which would hav£ avoided sending you to gaol; but by your conduct you precluded such a possibility,” said the Chief Justice, Sir Michael Mvers. in sentencing Ernest Frederick McNeil, aged 2C, and Frederick Angus McNeil, aged 24, to imprisonment on a charge of bookmaking on the Ellerslie racecourse. They were found guilty by a jury. Mr J. J. Sullivan, appearing for prisoners, said the jury’s verdict was a tribute to the administration of justice, but made a strong plea on behalf of the young wives that punishment be a fine and not imprisonment. A week spent in gaol had been a fearful experience, and they were not likely to offend again with the prospect of imprisonment in front of them. He remarked that the probation officer had reported that the McNeils worked regularly and did not make a whole-time business of bookmaking.

His Honour said that despite a warning to one of the prisoners, both had persisted in endeavouring to secure acquittal by a tissue of falsehoods. Fortunately a jury of honest men had refused to allow itself to be deluded. In the circumstances imprisonment must be imposed as a deterrent to the prisoners themselves, and to others similarly minded to' carry on an illegal business and escape punishment by perjury. Each was sentenced to imprisonment for three calendar months. His Honour subsequently requested Mr V. R. Meredith, Crown Prosecutor, to convey to the prison authorities his request that during their confinement the McNeils be kept apart from other prisoners.