A MODEL SENTENCE. (FROM THE LONDON "EXAMINER.")

Daily Southern Cross, Volume XX, Issue 2203, 12 August 1864, Page 4

A MODEL SENTENCE. (FROM THE LONDON " EXAMINER.")

We have been lost in admiration at a sentence passed in the Central Criminal Court by Mr. Commissioner Korr. It outdoes all tlio late oufcdoings of the Bench : — "Anrliew duly, 20, was convicted of robbery fi om the person with violence. He had been eight times previously convicted. The jury acquitted Michael M'Guinness, who had been indicted with him as an accomplice. "Mr. Commissioner Kevr, in passing sentence on duly, said there .appeared to be only two modes ot dealing with them. One was either to shut him up for the rest of his life as a person utteily incoingiblo, or to give him some capital and start him m business. (A laugh.) Theie were eight previous convictions against him, and lie was now only Wenty yeais of age. He began to be a thief at nine yeaisj of age. Probably he was never put into the way o£ well doing, although there were plenty of schools and chinches, and therefore to some extent lie had not had a chance. The most merciful way of dealing with him would be to afford him a chance, but that would not be by consigning him to puson for either a short or a long time. It could only be by completely sepaiating him from his asso- j ciates. Thieving did not pay in the long run. Looking at the fact that the prisoner began to be a thief when a, child, and that he had been pi eying on the public for eleven yeais, while the public had not been doing anything with a view to reclaim him, he wo ild give him another chance of leading an honest life, and with that view sentenced him to seven years' penal servitude." In its peculiar way this is quite a model sentence. The judge never means what he says. He looks one way and lows another. He prates of what might, could, would, or should be— of anything but what is to be. There appealed to Commissioner Keir only two modes of dealing with Andiew Curly — one to shut him up for life as utterly incouigible, or to give him some capital and stait him 111 business. Mr. Commissioner Kerr thought as little of starting the man in busiuess as of shutting him up for life. It was all fudge. But the words raised a laugh, and made things pleasant m a criminal court. "Probably," observed Mr. Keir, "Curly was never put in the way of well-doing, though there weie plenty of schools and chinches, and therefore to some extent he had not had a chance." Note and admne the closeness of the logic. There weio plenty of schools and churchet, therefoie Curly had not .1 chance. " To some extent," that is to say, to the extent of the plenty of schools and chinches, he was denied a chance. This was peculiaily hard upon Liuly. He is the sad victim of schools and churches. "'llie most merciful way of dealing with him would be to affoid him a chauce (clear of schools and churches). But that would, not be by consigning him to puson (wheie there is a chapel) for either a short or a long teim " When we lead these woids we made sure that one of the two things piotiounced unfitting would inevitably be done. The judge piocaeds: "Looking at the fact that the pi isoner began to be a thief when a child, and th.it he had beon pieying on the public for eleven yenr-i, while the public had not been doing anything to reclaim him [but, on the contrary, denying him a chance by its multitude of schools and churches], he would give him another chance [another? he never had one] of leading an honest life, and with that view sentenced him to seven years' penal servitude." A short or a long term had been precondemned as unsmted to Curly's case, and is seven yeais' penal servitude the happy mean for giving a chance' And heie we must ask, what have been the chances of Mr. Commissioner Kerr, and whether anything can be done to lecl.iim htm. From this specimen we should not infer that his ease wj.s like that of duly, the want of a chance from the abundance of mstuiction ; but be the case what it may, such an effusion of inconsequential talk as this, of the soit inevereutly called twaddle, is a most doploiable exhibition on the bench.