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Judicial CP - May 1879

Corpun file 24880 at

Otago Witness, Dunedin, 3 May 1879, p.12

The Boy Burglars.

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On Wednesday last the lads David Goldsmith and Edward M'Elhenny were brought up for sentence.

Mr Harris having addressed the Bench in favour of Goldsmith, his Worship said there were three distinct charges against these two lads. The first was for breaking into Mr Mercer's store on April 15th; the second for breaking into Mr Stavely's premises on 15th March, and into the same place again on April 13th. He had visited both places, and had found that Mr Mercer's was reasonably secured, but as to Mr Stavely's, that was in a very tumble-down condition. He agreed with Mr Harris that it would be unwise to send the boy to gaol for any long period, but the commission of such acts must be put a stop to. For breaking into Mercer's store they were each sentenced to four days' imprisonment, and were ordered to be whipped with twelve strokes of an instrument known as the birch rod on Saturday next. For breaking into Stavely's store on March 13th, the same lads were sentenced to nine days' imprisonment, and to be whipped with twelve strokes of the birch on Saturday week; and for breaking into the same store on April 13th, to nine days' imprisonment -- the latter terms of sentence to run concurrently.

William Davis, for breaking into Mr Stavely's premises on April 13th with the former two prisoners, was sentenced to four days' imprisonment, and to receive twelve strokes with a birch rod on Saturday first.

In the case of Joseph Newsham, evidence was given by two witnesses as to his character. -- He was sentenced upon two charges to three months' imprisonment. The whole of the sentences were without hard labour.

Corpun file 24884 at

Auckland Star, 8 May 1879, p.3


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Two boy prisoners, Goldsmith and McHenney, underwent the second portion of their whipping of twelve lashes with a birch rod each in gaol. This morning the juveniles did not take it at all kindly of the operator; they yelled so lustily before half the work was done that their screeches of pain and fear could be heard, it is said, far beyond the outer walls of the gaol. The boy Davis was discharged on Saturday after his whipping, having only received a sentence of four days. McHenney and Goldsmith will be discharged on Friday forenoon, their sentences being for nine days. The prisoners have been confined strictly separate, and have not seen each other once.

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