THE CLEMPSON CASE.

Dominion, Volume 1, Issue 282, 22 August 1908, Page 11

THE CLEMPSON CASE.

REPORT OF JUSTICE DENNISTON. THE SENTENCE DEFENDED. The caso of Ernest William Clempson.;,who was sentenced at Invercargill last February to three, months' imprisonment-for falsifying a school certificate; aroused considerable public interest ; at' tho time. Many people's who considered that tho sentence was unduly severe petitioned the Government to remit it. Yesterday, in compliance with a resolution moved by the Hon. J. E. Jenkinson, a copy of tho evidence given at ■ the trial, together with a report by Mr. Justice Denniston, was laid oh the table of the Legislative Council. The Judgo's, report, which was written under date June 20, 1908, in reply to a letter from the Minister for Justice, accompanying the petition referred to above, states as follows ' ' ' "The prisoner pleaded guilty to an indictment on February 12,1908, that he had committed forgery in making a false document, to wit a falso public school certificate, purporting to 'show that ho in tho month of December, 1895, had passed tho fifth standard at tho Invercargill South School, being a publio school in the town of Invercargill; and on a second count with having afterwards on February 14, knowing tho said school certificate to be forgedj used, dealt with, and acted upon it as if it wero genuine. > _ "Tho petition is inaccurate,, as stating as an element in tho sentence that the fact of a previous conviction for breaking a window having been put in left the matter in tho position that it could only bo dealt with by mitigation of sentenco through the clemency of the' Crown. In sentencing the prisoner, I stated that I entirely disregarded this previous conviction, and that had I thought it a caso for probation, I should have had no difficulty in setting the prisoner at liberty. "The petition is also inaccurate in stating that tho offence of which he 'was convicted was maldng alterations in tho body of' an education certificate. It was, as will bo seen from tho deposition of Edmund Webb§r, a forgery of tho whole of the written part of, tho certificate, including the . name of tho headmaster. , "Although not specifically stated, in the petition tho" main ground tor the agitation in which it_ originated was the suggestion that tho criminal act of the . prisoner was suggested by his dosiro to find support for his wifo and children. There is nothing in tho evidence to support this suggestion. Ho .was in fall work as a carter at the time of tho commission of the offence and of his arrest. The statement of the accusod, made at tho 1 time of his arrest, a copy of which is forwarded herewith,, would seom to show that tho • matter was concocted along with others. This indicates that the offence was not committed suddenly or hurriedly, but was wilful and deliberate. . "Tho present case is, therefore, that of a man of the mature age of seven and twenty, deliberately and without the temptation of want or necessity; forging a document for tho purpose of fraudulently obtaining a position in tho public service, demanding for its due performance, honesty and probity. "I was aware, by my own experience and by information of the experience of other judges, that frauds of, this character have been common.

"I have more than onco had to observo, in dealing with applications for probation, that there was a clanger that obtaining the benefit of tho Act was being taken for granted, and of enterprises of theft and fraud being lightly cntored- upon in tho persuasion that the'only risk in case of failure would be release on probation. "On these grounds I was of opinion that tho case was not one for probation, and inflicted what I" considered was, giving every duo consideration to the prisoner's previous good character, the lenient sentence of three months' imprisonment.

" 1 see no reason for altering that conclusion, and am unable to say that there are any grounds why any part of the sentenco should be remitted.

"Tho language of tho petition is studiously moderate. . It professes that' those signing it do not by so doing intend to reflect in any degree on either the justice of tho sentenco or on its_ length. But it is obvious that the remission of a sentenco passed with fiill knowledge and consideration of tho grounds alleged for' such remission will be, and must be, considered as a reflection on tho justice of the sentence, and, incidentally, as an endorsement of the opinions and language on and with which tho matter has originated and been continued."