SUPREME COURT

Manawatu Standard, Volume LVII, Issue 204, 30 July 1937, Page 4

SUPREME COURT

ASSAULT CHARGE. Found guilty on a charge of common assault, at Palmerston North on June 17," Hector James McDonald, a farm manager, was to-day ordered by the Chief Justice, lit. Hon. Sir Michael Myers, to come up for sentence if called upon within 12 months. It was explained that prisoner had been sentenced at Christchurch on July 1 to 12 months’ imprisonment, and His Honour said that, while prisoner might not have much opportunity of misbehaving himself, there would be a short period when he might do so. His Honour adjured prisoner to find honest employment when he was released and to behave as a decent citizen. In the course of his remarks His Honour commented that counsel for the defence, Mr G. Crossley, had conducted prisoner’s defence very well indeed. For prisoner, Mr Crossley said he was aware that hitherto prisoner had not had a good record, but in some respects his life had been admirable and, in some respects, excusable. Indications were tliat prisoner had not a strong mentality, and it was suggested tha't many of the offences had been the actions of a man not of a strong mentality rather than those of a professional criminal. When he should still have been at school, owing to liis brothers being at the \Y ar, he had managed, single-handed, a farm of _ 800 acres. When returning from duties on the farm on one occasion lie had run a twig into his left eye. Prisoner had lost that eye and had been in hospital a considerable time. It might be that that had contributed to a mind congenitally not strong. Prisoner had given up a small farm which his father had bought for him and had gone to live in the town, where lie had been very conscious of bis disability. He was a good worker and liad never been out of work and bad never been on sustenance. In view of the jury’s recommendation for leniency, and in view of His Honour’s observations at the time of the trial, it might be possible to treat the offence as one with that at Christchurch.

Questioned by His Honour, the Crown Prosecutor, Mr H. It Cooper, said bis instructions were that prisoner had been sentenced at Christchurch on July 1 to 12 months’ imprisonment for false pretences, having obtained money from a woman who bad answered a similar advertisement (for a housekeeper) as that concerned in the charge at' Palmerston North. His Honour: I understand. Proceeding, His Honour said prisoner had what l»i had described at the hearing as “a terrible record.” His Honour bad noticed that in a certain quarter the words “scoundrelly record” bad been attributed to him. That was an expression be never used, said His Honour, but prisoner’s record was .terrible. However, His Honour proposed to take several tilings into consideration: Firstly, that this was not a bad offence of its kind; secondly, that the jury had convicted accused not of tlfe major charge (indecent assault) but of the minor charge (common assault) ; and. thirdly, that the jury had recommended very strongly that leniency be extended. Wherever it was possible to do so His Honour did his best to take notice of a recommendation of that kind made by a jury.

“Under the circumstances I do not propose to add to the sentence you are at present serving,” said His Honour. “With your list and your record, I must warn you to be careful ip future. Your counsel, Mr Croedev, who conducted your defence—and who in my

mind conducted it very well indeed—informs me to-day tlmt you are a good worker, and if that is so there is no reason for you to be constantly coming in and out of prison as you seem to have been doing for a number of years. You bad better take notice and warning, I order you to come up lor sentence if called upon within 12 months, which means that if you misbehave yourself you will be brought up here and sentenced on this charge. 1 do not think you will have very much opportunity of misbehaving yourself, as you will be well looked alter in prison, but nevertheless there will be a short period in which you could misbehave. 1 hope you will not. Do you understand?” Prisoner: Yes, sir. His Honour: You had better try to obtain honest employment when you come.out of prison, and if and when you do, endeavour to behave as an honest citizen.

The words referred to by His Honour as having been attributed to him did not appear in the “Standard.”

THIRD TRIAL SET.

“I am not going to have a man kept in custody awaiting trial for two or three months where it can be at all avoided. That would be wrong.” Thus said His Honour the Chief Justice, Sir Michael Myers, in the Supreme Court to day, when granting an application for the retrial of Charles Erode rich Neil Johnson, a labourer, aged 39, on serious charges. His Honour set down the date of the hearing as August 9. When the application was made by the Crown Prosecutor (Mr IT. R. Cooper) two juries having disagreed in respect of those particular charges already at the current session of the Court, His Honour said he was bound bv the Statute to grant the retrial. Mr J. M. Gordon appeared on accused's behalf.