TUESDAY. JULY 2, 1901. CERTAIN CRIMEA AND THEIR PUNISHMENT.

Auckland Star, Volume XXXII, Issue 155, 2 July 1901, Page 4

TUESDAY. JULY 2, 1901. CERTAIN CRIMEA AND THEIR PUNISHMENT.

We have observed with considerable

satisfaction the amount of public interest taken in the discussion raised

in our columns on the subject of flog

ging as a punishment for a certain class of, offences. It seems to us thai it would be well for the public mind to be definitely made up about this matter; and we have welcomed the vigorous letters thitt have been forwarded to us as fairly illustrating both sides of a serious and difficult question of

grave. public importance

Unfortunately, there cannot be two opinions as to the lamentable frequency of violent crimes committed upon women and children in this colony. The list of charges at the crira-

inal sessions in every New Zealand

city has become v scandal and a reproach to us. During the May sessions of the Supreme Court District Judge Kettle, Justices Edwards and Conolly, and Sir Robert Stout, dealing with different calendars, all commented severely upon the prevalence of these offences, and the atrocious nature of some of the cases brought before them. It has become painfully obvious to everyone who has had occasion

to watch the course of criminal procedure in New Zealand that those judicial comments are fully justified.

The Supreme Court Judges have at various times expressed the opinion that ordinary methods of punishment did not act as a sufficient deterrent in such cases, and they have there-

fore, under certain circumstances, had recourse to another penalty, which seems, in the eyes of certain members of the community, open to serious objection. The grounds for this decision—the frequency of the crime, aud the inadequacy of the ordinary punishment—are undeniable. The only questions that really require discussion are: Does this kind of offence demand especially severe treatment, and is the suggested penalty likely to be efficacious?

As to the peculiarly heinous nature of such violent crimes, there cannot be much argument. Judged by any known standard of legal or social morality, they are of all offences the

least pardonable. The chief reason for the existence of laws is the necessity for protecting the weak and helpless. Th£ social life which these laws are intended to maintain is

based upon a certain conception of the sanctity of womanhood, and the necessity for its defence. The earliest stages of social development, the first emergence of society from a condition of barbarism, is marked by the effort to ensure the safety of the family. Our laws for the protection of women and children are to be regarded not merely as laws against violence, but chiefly as laws in defence of wives and daughters; and the fact that our own daughters and wives have not had to invoke them is probably the reason that most of us regard the Supreme Court calendar with but passing interest. Yet, unless we are prepared to sacrifice our conceptions of family life and all that it implies, it is our duty as members of a social community to put down with a strong hand any actions that tend to destroy the principles on which that society is based. The abstract argument for the vigorous

suppression of crimes against women and children may be briefly stated thus: No other crimes strike so directly at the root of social and family life; no other crimes involve such distinct infringement of the principles which underlie all social existence—the neeessty for protecting the weak and for defending; the family in the person of woman.

The purpose and object of law is not punishment: it is the welfare of

the community at large. It follows thai punishment for crime is never, from the legal point of view, to be regarded as vengeance, Punishment is "adequate when it promotes the interests of. thi! community b,\ preventui«r Hie frequent and violent recurrence of crime, in the case of crimes of violence, punishment, is supposed to act chiefly as a deterrent. It is the opinion of our judges that the punishiueni so far inilicted in such ruiies ha-si not acted as a i-sulliciently powerful deterrent; and .they propose in extreme cases to iiog the offenders. It remains for those who objeel to Hogging to show why !*ueh an authoritative opinion on such a subject should be disregarded.

The only sound arguments uguin^t ;iny given form oi: punishments for crime are that it docs no; prevent the recurrence of Hint crime, or that it tends to'do mori1 barm than good li.y demoralising the; community that inJiietH it. Both arguments Dave been submitted to the verdict oi' practical experience. Plugging is by no menus an unprecedented mode of punishment. Lt has been tried in London and ot.li.er British cities for special crimes, as well as in Sydney and Melbourne, with satisfactory results. In I lie great epidemic of garotting which broke out i" England some thirty years ago, heavy sentences of imprisonment were unavailing'; but the application of the lash soon had the de-i-:iml effect. At intervals, the authorities in Sydney and Melbourne have had recourse to the .same expedient; and the "pushes" of Bourkestreet and Wooloomooloo have shown themselves just as amenable to this argument as ths "hooligans" of. London and Liverpool. It cannot be denied that the vigorous use oi! the lash has made life and limb safe in many cities at a time when every oth<?v form of deterrent has signal'y failed to cope with crime. Nor is there any reason to believe thai the inhabitants of these cities were morally the wornfor knowing tlii'.t a eei-fain number of ruffians received a certain number of. lashes in gaol. Public demoralisation reveal* itself in crime, and the infliction of llojiging has always been followed by a d< crease, not by an increase, in the number of violent offences against the lftWThe general arguments "' favour of Hogging as an extreme penally arc thus supporter! by the actual test oi' experience. The only other plea urged against the use of the lash involves a question of sentiment. We have endeavoured so far to exclude sentiment from the discussion, and to deal with the matter in hand on a purely rational basis. But as those who deprecate the use of the lash have endeavoured to rouse public sympathy on behalf of this particularly loathsome tpye of criminal, they may as well be reminded that their appeal to the emotions is not likely to help their cause. We are invited to melt into tears of indignant pity over the temporary sufferings of ruffians who have outraged women or children. Do the men and women who indulge in this maudlin sentiment ever reflect upon the other side of the etise-the blast in" of innocent and happy lives, the unutterable shame and degradation borne by the women, the nameless torture," often the foul disease, inflicted on the helpless children who have fallen victims to such crimeswomen and children, we again remind our readers, who might be our own wives and daughters? We are called upon to respect the "manhood of tin miserable creatures who arc n standing menace to the safety and happiness of those who are dearest upon earth to us. What manhood is there in the human brute who will outrage a child. . We solemnly warn the advocates oi moral suasion on behalf of such criminals that they are playing a dangerous part. Crimes .such as we have discussed are not to be regarded as ordinary offences: they must at all hazards and by every means in our power be put down. We have endeavoured to set the case before our readers on reasonable grounds; but the fathers and husbands of the victims of such crimes will not always be so judicial; and the experience' of other countries has shown that if th« law does not devise penalties of a sufficiently drastic nature to deal with certain offences, the members of the community are only too likely, as frequently happens in France now, to ignore the law and deal with the matter directly and personally. Such a deplorable state of affairs might easily be the outcome of leniency in the punishment of such crimes, and no one would be so much to blame as those who have done their best to defeat the ends of justice by rousing a morbid and sentimental emotionalism over the flogging question.

The frequent recurrence of these outrages constitutes, we repeat, a standing disgrace to our colony, and a most serious danger to the social life of the community. It has been proved by experience that the use of the lash reduces the amount of violent crime; therefore, when the necessity arises, in all cases of criminal assault upon children of tender years, and in all cases of well-proven and deliberate outrage upon women, let the lash b? applied. It is time that we attempted to protect our wives and daughters against the possibility of an awful tragedy by some means a little more vigorous than those employed to deal with a pickpocket or a sheep stealer.

Parliament was formally opened by Commission 3-esterday, little interest being taken in the proceedings. After the ceremony of swearing in had been performed, the Speaker (Sir 0. M. O'Eorke) announced that he had received the resignation of Mr Lewis, Christchurch City, and Mr tt. Hutchison, Patea. The Premier gave notice that he would move for the issue of writs on Wednesday. A message from the Governor was then read, containing the King's message announcing the death of his mother. The Premier then moved, and Captain Eussell seconded, a resolution of condolence with the King and Royal Family, and assuring the King of the loyal attachment of the House to his person. The motion was carried unanimously, after which the House adjourned until 2.30 p.m. to-day, when the Governor's speech was delivered.

During the past quarter, April 1 to July 1, the S.M. has dealt with the following cases in the S.M. Court:— Renewals authorised . 381, new pensions SO,' deaths 2G, inward transfers 11, outward S. The total on the registers is 1029, an increase of four. The deaths for the quarter last year were 13.

A young boy named Boyd, of Katikati," has 'been' admitted to Nurse Gilmore's Hospital. Waihi, with a broken leg.

At a meeting1 of the Coroniandel Hospital Board held to-day Dr. P. Moir was appointed assistant hospital surgeon to Dr. Cheeseman during Dr. Hull's absence in England. Dr. Moir is a son of Dr. Moir, of Auckland.

The Wellington Society for the Prevention of Cruelty to Animals today decided to urge the Government to pass an Act forbidding the dehorning of cattle. The Christchurch City Council has decided to utilise the provisions of the McLean Act to regulate the motor traffic in the city. The Act provides for the "ranting of licenses, and the Council intends to stipulate in the license the! limit of speed at which the motor may travel in the city. !

lt is probable that the contest for the Pa tea seat will be narrowed down to a straight-out struggle between a Ministerial and an Opposition candidate. Mr John lleslop's candidature will receive the Government support, Mr Haseldeu being the Opposition candidate. The election will probably be fixed for Wednesday, the 24th i'nst. The writ is to issue to-morrow.

A great amount of adverse criticism has lately been bestowed upon the condition of our .streets, but the strongest opponents of our city fathers' methods, or want of method, would hardly have ussi'rted that it was possible for a waggon to be "bogged" in our main thoroughfare. During- the course of his remarks at the meeting of the City Council on Thursday evening Mr I. A. Vaile drew attention to the fact that the Venetian masts used during the Royal visit had bam removed by jacking them out of the .Cround and that the roadway had not ';. en repaired in any way, and warned Ihe Council that these places would

:-..-:<i!i develop imo dangerous mud liolw. Point was given to Mr Vaile's remarks yesterday, when one of Mr •f. .]. Craig's waggons became boggedin one of these holes opposite Messenger's, the fruiterer's shop, The front, wheel sinking almost to i.lie* axle, and ;' the team being unable to shift the load. A nasty .".ceidem was also narrowly escaped by a lad I who was cantering his horse round the corner by Government House, when the animal's fore fool went right through the surface of the roadway, causing the horse to stumble and barely escape breaking its leg and throwing the rider. These matters should be attended to at once, otherwise the City Council will have a heavy action for damages to meet. It is also asserted that notwithstanding the late agitation the metal is still being spread on an unprepared road surface, and that in many cases it is still much too large. It will, however, .be gratifying to those who use Beach Road to observe that the dangerous crossing tit Arnold, Cheney and Co.'s, which has existed for years, and which was christened the sleeplecha.se fence, lias already been attended to.

A meeting of the Council of the Scenery Conservation Society was held yesterday, Dr. Purchas presiding. It was agreed to contribute £5 towards -the cost of tree planting in the Drake-street reserve. The following resolution was agreed to unanimously:—"That a deputation of this society wait upon Dr\ Campbell to express their gratification at the noble gift of Cornwall Park to the people of New Zealand, and to state the willingness of the society to assist the trustees in any way they may desire." The following gentlemen were nominated to form the deputation: —Dr. Purchas, Messrs Burtt, Allom, and Berry.

Christchurch1 "Truth" says the experiences undergone by the cadets who were taken down for the big review wen? in some cases sufficient to prostrate grown men. An instance is a'iveii in which a number of cadets, after travelling all day by train in the North Island, were kept standing in the streets of Wellington for six hours,dumped into the hold of a steamer, and on arrival at Christ church next day kept inarching about till some oli them dropped from sheer exhaustion, and finally they found accommodation in the corridor of a draughty schoolhouse.

The somewhat tragic death of the old Taurangn Maori chief, Hohepa Hikutaia (who died suddenly in the camp on the Hotoron racecourse a few hours before the culmiuating point ot the Royal festivities), is being, followed by a large tangi at his late residence, Otuawahia. behind Matapihi, near Tauranga, many natives from Waikato and the coast attending-. In the past Hohepa was the principal spokesman of the Ngaiterangi when the Governor or Ministers visited this district. He had a pension from the Native Office, as well as an old age pension.

Great preparations are b?ing made by Mr and Mrs Hamilton Hodges to celebrate on Thursday next the "Glorious Fourth" in a manner befitting the occasion. A programme of no less than fifteen items is in preparation, contributions being- made by the best and most representative of * English and American composer?. Mr E. Leslie Hunt will be at the oi-gau, playing obligates to items to be sung by Mr and Mrs Hodges, who will be assisted in the programme by Madam Chambers, Mrs E. H. Qijerve, Mr Rupert Mantel], and the Wa'iata Quartette.

An old age pensioner named Maria Armstrong appeared at the Police Court this morning-, charged with a breach of the Pensions Act. having been convicted of drunkenness. Mr. John King said the pension was granted by Mr. Hutchison, S.M.. the woman being a resident of Helensville. He said therewways y a long- list of convictions, and the'displeasing part of the whole thing was that the woman also had a second name, which, however, she said she had good grounds for taking. He suggested that she be fined, and given another chance by a fresh payee being appointed. His Worship warned the woman that she could not be allowed to hold a pension if she committed breaches of the Act. The police record was a very bad one, and very likely had the Magistrate been acquainted with these facts the pension would not have been granted. The practice had been to allow some latitude, so in this case a fine of 10/ would be inflicted, and a fresh payee appointed who would endeavour' to see that the money was not wrongly used.

A vocal and instrumental concert will be given in the Devonport Congregational Church this evening.

Our readers will note that this week the outward 'Frisco mail leaves Auckland on Thursday instead of later on in the week as usual. Doubtless the change will catch a good many of us Dapping, and the Home letters will remain unwritten and unseut. The charge of forgetfulness to which such negligence lays one open from friends abroad may be avoided by the simple, expedient of sending a paper instead of a letter. For such a-purpose this week's number of the "Graphic" will specially commend itself. It contains some sixty splendid pictures, all of which must prove of exceptional interest to folks in the Old Country. Among the leading pictorial features are the scenes of the Eoyal visit to Christ- | church—a line series of photogravures. The plates of the great review held on that, occasion represent the largest military gathering the colony has witnessed. A few new pictures relating to the Eotorua visit —including the two best snapshots iaken of Their Royal Highnesses at Whakarewarewa, are included in the issue. There are also a few Wellington views, the object being to include in the mail number something representative of the Royal visit to nil our chief centres. In the number is commenced a series of fulllength portraits of the principal Maori chiefs who were present at the great meeting at Uotorua. All the warriors sat or stood for their portraits at the "Graphic" studio, and their pictures constitute a unique collection. Pictures of the recent terrible Christchurch tragedy, of the New Zetilauders in South Africa, and ' many miscellaneous illustrations, make up a particularly good numher. The issue will be published to- \ morrow. The following is a return of the births and deaths for the district of Auckland during June:—Auckland: Births 83, deaths 29. Birkenbead: Jlirths 3, deaths 2. Devonport: Births 8, deaths 0. Grey Lynn: Births S, deaths 1. Newmarket: Births 4, deaths 1. Parnell: Births 9, deaths 3.

Mr H. W. Brabant, S.M., presided jit the Police Court this morning. One first offending" inebriate was convicted and discharged with a caution. A man named James Nolan pleaded guilty to having- been drunk and used obscene and provoking language. A fine of £1 and costs or seven days in default was imposed. A number of eases under the Destitute Persons Act were called, but most of them were adjourned.

Mr Thomas Mellor, who is leaving Sydney for Xew Zealand, after occupying the position of bandmaster to various Sydney bands for 1-i years (says the Sydney '"Telegraph"), leave.s behind him a record of which he has every reason to be proud. Mr Mellor arrived in Sydney in lisST, with a splendid reputation earned with the Roy ton Prize Band, Lancashire, to take charge of the Newtown Band, and has occupied that' position ever since. Under his conductorship the band advanced with rapid strides, and attained the championship of Australasia, which it held for several years. Altogether it has won 13 first prizes, two second prizes and three third prizes. Mr Mellor, during his stay in Sydney, has at various times acted as bandmaster of the Ist Regiment, 6th Regiment, Bur wood and Liverpool Bands.

The funeral of the late Constable Luke McDonnell was very largely at" tended yesterday afternoon. There was a large number of city and suburban constables, under Inspector Cullen and Sub-Inspector Mitchell, and the Hibernian Society members attended iv large numbers. The coffin was borne to the hearse by Constables Finnerty, Foreman, Hutehinson and Rowles, all old comrades of deceased. At the gate of the cemetery the coffin was met by the Rev. Father Gillan. and was borne to the grave by four members of the Hibernian Society. Dr. Egnn conducted the service at the grave. Many letters and telegrams of condolence have been received by the widow. Inspector Cullen received a telegram from Commissioner Tunbridge, asking- him to convey his condolences to Mrs McDonnell and family. The Hon. T. Thompson (ex-Minister for Justice) wrote a letter of condolence, expressing his regret at the death of Mr McDonnell and stating that he had a feeling of friendship for him of many years" standing. Mr Geo. Fovvlds, M.H.R., also forwarded a sympathetic letter.

A very pleasing ceremony took place at the Tramway office to-day, a purse of sovereigns being presented to Mr William West, late foreman of the workshops at Epsom, who has severed his connection with the Tramway Company with a view of starting farming. During Mr West's 16 years' service with the company, he has been most popular with his fellow employees. Mr J. S. Kidd, the company's manager, in making the presentation, referred to Mr West's long and faithful service, and concluded by wishing him good luck in his new venture. Mr West in feeling terms replied thanking the employees for their generous and united efforts on his behalf, and added that he would always carry with him pleasant memories of his old comrades in the Auckland Tramways Company.

The members of the Permanent Militia stationed in Auckland desire to thank the residents of Devonport.and Auckland and members of the "A" Battery N.Z.A.,- as well as the Permanent Militia of Wellington, Lyttelton and Dunedin, for their generous support towards the widow and two young children of the late Gunner A. J. A. Tarlin. The above list is now closed. Subscriptions total £127 5/6.

The annual ball in connection with the Direct Supply Company will take place on Thursday, the 4th July, at St. Benedict's Hall. Arrangements have been made for late boat to North Shore.

A talented party of Maori singers connected with the Salvation Army will give an entertainment to-morrow evening in the Foresters' Hall, Karagahape Boad. The programme is to include Maori songs, hakas.pois, lamentations for the dead, and a demonstration of native customs. ■■ Captain Sterling, a soprano singer of considerable talent, is one of the party.

A concert in connection with St. Luke's Ladies' Guild will be held tomorrow evening in St. Luke's Hall.

Kold hands kure: Grand assortment of warm winter gloves at Geo. Fowlds'. Eeally splendid goods at cheapest prices.—Ad.

Owing to the strike of machinists and boilermakejcs in the United States and Canada the repairs to the steamer Sonoma have been delayed, and pending a settlement of this difficulty it is uncertain when the Sonoma will be ready to re-enter the service. All things being- well it is expected, however, that she will take up the running on the return of the Mariposa to San Francisco this trip.

At Sydney, on June 24, William Saunders (32), labourer, was sentenced to three weeks' hard labour for stowing away on the steamer Waikare, which arrived from Auckland (N.Z.) oa Sunday morning.

The Rev. W. Gray Dixon, M.A., will deliver his interesting lecture on "Japan and the Japanese" this evening in St. Peter's Presbyterian Church, Great North Road. The lecturer will appear in the costume of a Japanese gentleman.

A special meeting of the Onehunga Borough Council was held in the Council Chamber last night, Mr D. A. Sutherland occupying the' chair, and there was a full attendance of Councillors. The business1 of the meeting was for the purpose of opening and dealing with tenders received for the waterworks loan of £4600 in debentures of £ 100 each, bearing interest at the rate of 4 per cent. Only three tenders were received, as follows: —Mrs Plfillipson, £300. at £100 1/ per debenture; G. A. Buttle, £300 at par; and Messrs. Moore and Lake for £1000 at £88 17/9. The amount offered not being anything like equal to that required it was resolved on the motion of Crs. McLeod and TJowe that no tenders be accepted. The Mayor and Cr. McLeod were empowered to accept the sum of £4600 at 4J per cent., the.re being two offers 'to supply the inoncy at that price. The meeting then terminated.

The cable steamer Britannia sailed this morning from Russell to complete the survey for the new cable.

Messrs Cook Bros., of Whangamumu, have secured two more whales since Wednesday. This makes a total of seven captured this season.

New Zealand was not going to let Old England call in vain; Together they the foeman met, *' And side by side were slain. "■ 'Tis said "disease kills more than war," And nothing can be truer. When coughs and colds knock at the door.

Take woods' Great Peppermint Cure.

Hats, caps, umbrellas, splendid stock of these at Geo. Fowlds'. All shapes in hard and soft hats and travelling caps just to hand.—Ad.

Gentlemen with tender feet should try a pair of our easy fitting boots, 21/, 25/, and 26/G.—Smith & Caughey. (Ad.)

Bush rugs from 3/9, mackintoshes from 21/, oilskins from 9/6; splendid stock of these at Geo. Fowlds'.—Ad.

Boys' school boots, wear guaranteed, only 10/9.—Smith & Caughey, Ltd.—(Ad.)

Geo. Fowlds can give you perfect satisfaction in Leys' clothing of every description at very cheapest prices.— (Ad.) * S

Ladies are invited to inspect our new stock of evening shoes, latest styles.—Smith & Caughey, Ltd.—Ad.

500 pair of boys' knickers froni 1/11, now selling at Geo. Fowlds'. Splendid value and worth double.— Ad.

High-class Tailoring — Trousers to measure, 14/6, fit guaranteed.-^Smitu and Caughey.— (Ad.)

Trunks, portmanteaux and travelling bags in great assortment at Geo. Fowlds'. First-class goods, at cheapest prices. Inspection invited. —Ad,

Under flannels from 2/6; workingshirts from 1/11; tweed trousers from 4/11; dungaree pants at 2/11; at Geo. Fowlds', Victoria Arcade. — Ad.