IN MEMORIAM.

Press, Volume LX, Issue 11589, 21 May 1903, Page 1

IN MEMORIAM.

SIFTERS affectionate meniory of Ann. dearly beloved wife cf W. Dcnne Mcci«, who died on May 21st, 1902. Bh'-. was loved by all who knew her. JHCE—In loving remembrance of Robert Rice Clarkvil'c. who died May 21st. 1599, in his eixty-ninth year. So loved, co jEourned. We saw him suffer day by day. It caused us bitter grief To e«e him slowly fade away, And could not give relief. Lonely the home aud sad the hours Since our loved ono has gone; But, oh, a brighter homo than our'i In Heaven is now his home. Inserted by hi« .lpTi.-_-___J_!Ll-"!'-*'-

Ito assign th* respoikubilitv '« that faJae delicacy which, while it threw boy* and i girls together with little restraint, denied I them that knowledge of their own physioI logy which should enable them to underI stand the dangers to which tfaey exposed ! themselves by "such acts as that committed !bv the accused. His Honour had taken ■ into consideration the fact that the- accused I and his sister were not brought up to- | get her, and how to deal with' tlw case had I j;iyen him very great anxiety. It would be absurd, without much greater information ilia— .each-.*d the public ears, to couple the crime of incest witli probation. On tin 4 other hand, he could not- sco what would I>* pained by the Court taking a ccurs-c which would probably result in adding one more to the criminal class of tho- colony. He was loth to scud the boy to gaol, but he could not .he sent to an industrial school. The accused'- real punu-hm-rr.t "had been already inflicted, and was far heavier than he would yet realise. The consequences of bis act tvere so horrible that they would accompany him through life, but he had not intended the consequence, nnd had not known of them. His Honour did v.ut think it necessary to attempt, under the circumstancee, to add to that punishment. He would sentence the boy to a nomimil term of imprisonment, during which ho would bo kept separate from old offenders. The accused would bo sentenced to three months' imprisonment. ALLEGED INDECENT ASSAULT. Leonard ""heard was indicted for that, on September 30th, 1902, ho did indecently assault a boy at Fenda'ton. Mr Donnelly appealed for the accused, who pleaded "Not guilty" to the offence. A eonsidoraMe quantity of evidence was heard, iliat given on behalf of the accused being to show that he was at home when the alleged offence took place. The jury retirod at twenty-five minutes to three, and returned at half pant five, when the foreman announced a verdict of "Not Guilty." The members of the jury, lie said, "had d( sired him to say that they had considered the question of id-entity, and were of opinion that, a slight doubt, existed, and were prepared to give the accused the benefit of that doubt. That was the lvwn-n for th. verdict. His Honour said thnt that- was a. \ery proper verdict, and a very proper reason. As a rule it did not do to allow juries to dive reasons for their verdicts, one ground being that the verdict- might be sound and the reasons not. The foreman replied that- he had been specially requested by the jury to give the reason. His Honour said that in the present case it way a proper reason. Mr Stringer said he proposed to take the necessary nteps to enter a stay .in the remaining two cases against the- accused. Mr Donne'ly asked his Honour to treat the offence as> an isolated one. and to extend to the young man whatever degree of leniency and clemency he could. His Honour said -the accused -had been convicted of having committed an exceedingly filthy and objectionable assault upon a lad. He. had also been indicted on three charges of similar assaults*. Upon one of those the jury had given the accused the benefit, of tho doubt, and- t-he other two would _ot be tried. That being so, it was his duty to assume the prisoner's innocence in th«-!;e cafes. Hid the .accused been convicted upon any ccc of tho three casps, ho should have thought it his dut.y 1o have tieated him as a proved danger to decent society. As it was, he would deal with him a.s convicted of the one particular case. He should treat, it as a first offi-BCi*. and inflict tho comparatively light sentence of six months' imprisonment. A DIVORCE CASE. Sarah Kelly applied for n dissolution of her marriage with her husband, Thomas Kelly, upon the ground of desertion., The parties were married in 1896, and the desertion took place in June, 1897. Mr Donnelly, instructed by Mr Malley, appeared for the petitioner, bub there was no appearance of the respondent. His Honour granted the decree, "with leave to apply to havo it made- absolute after three months. There will be a banco Bitting at 11 o'clock this morning.