CRIMINAL SITTINGS.
PRISONERS SENTENCED. MOFFITT'S CASE. JUDGE AND COUNSEL DISAGREE. A number of prisoners wero brought up for sentence in tho Supreme Court oil Saturday morning before tho Chief Justice (Sir Robert Stout). Mr. T. N'eavc, of tho Crown Law Oflice, represented tho Crown. When Edward Francis Mollitt was placed in tho dock for sentence, Mr. A. Ti. Ilerdman appeared to speak on tho prisoner's bohalf. As a result of a street occurrenco in this city on October 31, a man named Gunther had met his death, and, in connection therewith, Moflilt was tried for manslaughter. The jury found him guilty of assault causing grievous bodily harm and recommended him to mercy. Mr. Herdman said ho had no hesitation in asking that his client bo admitted to liberty. True, ho had been convicted of a serious offence, but at the time it was committed, the prisoner had no idea of doing any harm. It might bo said that ho should have moved away, but it was a'question whether one should move away from a drunken man or wait there until a policeman came, along. The punishment that might be inflicted by sending the prisoner to gaol was nothing compared to what the conviction amounted to. Counsel hoped that his. Honour would take into consideration the prisoner's previous good character and youth, and that, as he could not grant him probation, that ho would convict him and order him to come up for sentence when called on.
His Honour: I should bo glad to yield to what Mr. Herdmaii has urged, only the position is this: Tho jury found that the blow did not cause death. I believe lliey Were influenced in that by the evidence of the man Thompson, who stated (hat the deceased bad a fall in tho Albert Hotel. I did not belicvo him at the time, and the police navo since found his testimony to bo untrue. Tho barmaid stated that no ono fell down the steps of the hotel. Mr. Herdman: Am I to understand, your Honour, that the police have bocn making inquiries? His ITonour: I asked them to do so. Mr. Herdman: Well, sinco tho trial another man came to. mo to say that Thompson's evidence was perfectiy true. His Honour: Well, the police made inquiries and found it to bo untrue that anyono fell down the steps that night. Mr. Herdman: Surely that is hardly fair to Thompson. His Honour: I am not dealing with Thompson. The jury found a lesser verdict,- and I have to find a reason for that verdict. I believe that (ho jury were influenced by the statement of Thompson. The report of tho police to me is that the barmaid has no recollection of a man. falling down the steps, and certainly not of refusing to servo a man who had fallen, Mr. Herdman: But, may I ask, your Honour, if you are going to be influenced by the ex parte testimony of a barmaid, who has not been called for purposes of cross-examination ?
His Honour; It is not that. From what ho said, I disbelieved him, and ordered the police to make this inquiry. Mr. Herdman: In his examination, your Honour cross-examincd him more closely than the solicitor for the Crown. His Honour: It was a result of that cross-questioning that I came to the conclusion that ho was not speaking the truth. I am able to tell when a man is speaking the truth. Mr. Herdman: I defer to your Honour's greater experience in that matter. His Honour: I am not going to punish Moffitt for that. If Moffitt was aware that Thompson was not speaking the truth I would have done so. Mr. Herdman: I feel that I should protect Thompson. Does your Honour think it fair to state that ho committed perjury? His Honour: I am not aware that yon are acting as counsel for Thompson. I am going to direct the polico to make further inquiries, and, if necessary, they will prosecute for perjury. Mr. Herdman: Very well. I will content myself with saying that it is most unfair that his conduct should be impugned. His Honour said he was not going to pass a severe sentence, but the prisoner had hit a drunken man a severe blow, and to hit a drunken man was worse than to hit a sober man. Only a nominal sentence would be inflicted, but his Honour considered it would be endangering human life it the prisoner wero jet oIT altogether. The jury's recommendation would be given effect to. Moffitt would bo sentenced to two months' imprisonment, and the gaoler would bo ordered to keep him apart from the other prisonors.
A WEAKENED WILL. REMARKS OF CHIEF JUSTICE. The charge, on which Edward Rosenberg appeared for sentence, was that ho received 175 bicyclc tyres, knowing them to have been, dishonestly obtained. Mr. T. M. Wilford, who appeared to speak for the prisoner, remarked that it was probably ono of tho most difficult eases that could come before a J'ndi,v. Rosenberg, owing to tho serious injr.rv lib had received tu his head, was unlit to work in any position of responsibility, though he could perhaps work uivd-.T another. n 1 n passing sentence, liis Honj'ir said: 'lou have committed a grioveus offence for you tempted a youth to be dishonest. To suggest you did not know that vim were doing wrong is absurd, ami 'the jury lias so found. The ji'.vy, however, recognised that you hail si,tiered n serious injury to your brain. Tim relationship between (lie physical and the mental is now admitted by most jxople. The jury liad strongly recommended you to mercy. Nowadays, ju.s',ice is recognised as human. We have in our evolution passed what T might call tl.o wild-animal Stage, when the ven?; wor? put to dralli. X call it tlio wiid-aiijmp.l si ago, because we know that if a wild animal meel.s with an injury it is senei-nJIv at tacked am killed by itrj fellows. 11.' is rare to hnil amongst Hio v-ril-l animals the weak tttvuod with Kindness, and in overy comnmnuy rtjjrc is from iiino lo limp nn outburst of thi* prinKvnl instinct. Sometimes there may bo o demand made for punishment, even if tho punishment mil-lit: end m def-th and I snpposo we are not much liett'.T than other communities. We are now recognising, mid will in future still more recognise, that kindness must, he intrcd'ifed into our treatment, of eitl7,cns who go astray. This is the origin of what is called prison reform. We must do wnat we can to make tho wc,i|{ in miml and in conduct strong. There in no doubt a dam-er of leading those with criminal ms|h r |s. and, many have ciimlnal insHr.ets ]irt n* M „ie hnvn lh- inshnet.= _nf ivil.l animals, anil bnliove I | m | crime is a small ni.nfl"r. and flvnt t'.ev may commit wrongs with i'lipiuutv. Tl>m danger has to tie at'.ii|| mav JH» Hy-vo w i(|, weal;«.|i«..l will* |„ act ri"ht if they are mnde to f.ol |i,„| for e,erv utout IV. day, as Kniersoil called it, coniof? round.
A ujll <itu| it ilivOie fiic gnln led inn In <cinii.it nihil'. Vim mi' even nmv suffering tinin yt.nr >,pveie iiii-i----'h'.'il. mill I 1',..'! lh,n In |„ llll
Log in