HARD LABOUR

Ashburton Guardian, Volume 59, Issue 15, 28 October 1938, Page 6

HARD LABOUR

SENTENCE PASSED ON WOMAN. COUNSEL URGES POSTPONEMENT A MATTER OF DIRECTION.

(Per Press Association.)

WELLINGTON, This Day

Three years’ hard labour was imposed by Mr Justice Quilliam at the Supreme Court to-day on Marjorie Pickering, aged 42, found guilty by a jury on two charges of unlawfully using an instrument with intent to procuro a miscarriage.

Air Ouglov, for prisoner, suggested that the sentence he postponed until the Judge had an opportunity of considering an application Air Ongley wished to make concerning the Judge’s direction, to the jury. Air Justice Quilliam: I can see nothing wrong with my summing-up to the jury. Mr Ongley said that if prisoner were sentenced and if the matter went to the Court of Appeal she might serve seven or eight months and then be found not guilty. There was very good reason why courts of justice should ho jealous of the liberties of the people. There was a spirit- rampant in the world to-day that the people had no rights. Air Justice Quilliam: It is to preserve those rights that sentences are inflicted.

Air Ongley asked the Court, as a British Court, to be absolutely jealous of the interests of the people. Air Justice Quilliam: The Court is quite competent to look after that. Air Ongley outlined the nature of the submissions he wished to make.regarding the directions to the jury at the trial, and also suggested that the Judge should say what was the meaning of the verdict. There were two charges against the prisoner, and the jury had returned one verdict of guilty. Did that mean guilty of only one charge ? If so, which ? Or did it mean guilty of both ? Air Justice Quilliam said he was satisfied with the perfect regularity of the trial. The application to postpone sentence was dismissed.

Air Ongley, addressing the Court on tbe matter of sentence, said the prisoner had the support and upbringing of a family cast upon her for a long time, and that, apparently she had done it well. She was not the instigator of the offences but had been sought by other people. Air Justice Quilliam: How did they know where to find her?

Air Ongley: I am not aware bow they knew, but there was no suggestion that she approached these people in any wav.

Air Justice Quilliam: She will be sentenced only for the crime she committed.

When counsel went on to say that the jury and the public took the view that the people who instigated the crime were free, Mr Justice Quilliam said ho should address that complaint to the Legislature—not to him.

When sentence was imposed, accused cried, “What about my children P” and was assisted weeping from the dock.