LAMENTABLE EXHIBITION.

Dominion, Volume 1, Issue 290, 1 September 1908, Page 8

LAMENTABLE EXHIBITION.

AN AUCKLAND; CASE. SEVERE COMMENTS BY A JUDGE. (BY TELEGRAPH—PRESS 'ASSOCIATION.) * Auckland, August 31. At the Supreme Court,' Daniel Munro, alias Warren, convicted of 1 being an incorrigible rogue and vagabond, and consorting with persons of evil repute, was brought up for sentence. • Prior to sentencing prisoner this morning, Judge Edwards said: —"The crime for which, I now have to sentence you, after four days' trial, is upon a charge to all the facts of which you pleaded guilty when first brought before.this court. You also pleaded guilty, under the .advico of your solicitor, yet that gentleman thought it consistent with his 'duty as a member of the Bar; as a reputable member of tho public, to spend four days of tho timo of this court pretending to defend a chargo to which, under liis 'advice, you yourself pleaded guilty on the 'first day, aiid tho truth of which you had . yourself testified to upon oath at the conclusion of your first trial.

"That such a state of things can be is a scandal to tho administration of justice and a disgrace to tho Bar, and I almost think it is a reproach to my administration of this court. That a remedy can be found, and that a remedy must be found, to check such malpractices, must be evident to everyone, and especially _ orident to members ; of the Bar, which, with one exception, has proved, since I first took my sc*t upon tho Bonch, an exceptionally honest' and self-re-specting Bar.. It rests upon them to check such malpractice. Whether or not it is capable of dealing with an offender in this way leannot now pronounce upon, but that a remedy must bo found is obvious.' This court is fully empowered to commit for contempt, but that power is only exercised in the utmost extremity. What it would profit any one to persist in such a dishonest defenco it is impossible to any honest mind, to conceive: the only hope could be that the jury which tried him would violate tho solemn oath that they had taken to do their duty to themselves and tho country, to find a true verdict according to tho evidence. .' ; . "Yet," added liis Honour impressively, "in spite of the fact that you had pleaded guilty to this offence, in spite of the fact that you testified upon oath that it was true, tho lamentablo result follawed that tho first jury wero unable to agree upon a verdict. That such disagreements may occasionally result i in persons escaping justice' must,' I fear sometimes happen, but that they can in tho long run benefit either tho prisoner on whoso pretended behalf they a'ro used, or the persons themselves, it is impossible for a civilised community to conceive. In your case tho solo redeeming feature of this lamentablo exhibition that has occupied tho timo'of this Court for four days has been that you yourself, 011 oath in tho box, ultimately admitted that you wero guilty of the crime of which you stood charged, and for that ono solitary, honest act you will certainly receive some consideration. For that solitary act of honesty in theso dishonest proceedings I will allow you a remission of three,'months' imprisonment. Tho sentence' of tho Court is that you bo imprisoned and kept at hard labour for one year and nine months." Mr. J. R. Lundon, solicitor for accused, was not present in court this morning, being unwell.