TWO YEARS' GAOL

Evening Post, Volume CXIII, Issue 116, 19 May 1927, Page 12

TWO YEARS' GAOL

WOMAN BURGLAR

MRS. JOHNSTON'S CASE

COMMENT BY MR. JUSTICE

ALPERS

The case of Mrs. Jane Ann Johnston was disposed of in the Supreme Court to-day, when she was sentenced by Mr. Justice Alpers to two years' imprisonment. The Court was crowded. Mr. P. W. Jackson appeared for the prisoner, and Mr. P. S. K. Macassey for the Crown. The charges to which Mrs. Johnston pleaded guilty and on which she was sentenced, were as follows: — Breaking and entering Mr. F. W. Manton's house at Northland, and stealing jewellery to the value of £950. Two charges of breaking and entering Mr. E. J. Hyams's house at Kelburn, and stealing articles of a total value of £113. Breaking and entering To Aro House with intent to steal. The theft of a caliphont from a house being built in Kelburn. When Mrs. Johnston, who was plain-ly-showing signs of stress, was placed in the dock, Mr. Jackson said that he desired to call evidence.

MEDICAL EVIDENCE,

The first witness was Dr. S. H. Arthur, who said that he had attended Mrs. Johnston in 1917 and in 1918 when she was in a private hospital suffering from a nervous breakdown. He had attended her since then, but for nothing serious. From his knowledge of her he had formed the opinion that her temperament was always erratic. She had complained of- a rash ho had never seen, and he thought she had used every drug in tho chemist's shop on herself in an endeavour to cure the rash. Witness added that Mrs. Johnston was highly strung, and had a very active and energetic brain. He learnt in an interview with her that she was at the critical age in the life of a woman. She )iad always appeared to him as a woman who would be liable to lose control of herself, and anything such as domestic trouble would aggravate' her nerves. In some ways she was abnormal, for instance, in running round from doctor to doctor with an imaginary skin complaint. Ho had always found her a very quick-witted, clever, woman. Mr. Maeassey: "You do not wish to convey that the commission of these crimes was due to her nervous health?" Witness:.."Oh, far from it." "Did you not find that she has a criminal bent?" —"I am not competent to judge that. I cannot speak from the criminal point." At this stage the prisoner was given permission to sit in the dock.

"AN EXCELLENT HOSTESS."

Evidence was also given by Dr. Daisy Elizabeth Platts-Mills, who said she had come into contact with the prisoner through the English-speaking Union and other societies. Mrs. Johnston had been very helpful on committees to which she had belonged; she hdd been an excellent hostess at various public functions. Witness said she had known Mrs. Johnston to have been a very .devoted mother also. In the event of a brenkdown it would bo hard to tell in what direction her mind .might lead her.

Mr. Jackson stated that he intended calling Rita Johnston,' daughter of the accused, "to givo evidence regarding the change that had come over Mrs. Johnston in the past ten months.

His Honour said that ho would accept all that Dr. Platts-Mills had said that the woman had born a.good character before she had embarked on a career of crime. That in itself indicated a very great change. Rita Johnston did not give evidence. The next witness was Mr. C. E. M'Kenzie.

Mr. Jackson asked tho witness what %vas Mrs. Johnston's general reputation. His Honour said that ho was prepared to accept the statement that previous to this her general reputation was good.

Mr. Jackson (to the witness): "You know she had some trouble with her husband?"

Mr. Macassey raised an objection to the jquestion. His Honou? said he found that Mrs. Johnston had been living apart from her husband, who paid her £3 a week and was paying for tho education of the child, and was assisting in'tho education of the daughter of tho first marriage. Financially her husband could not be said to have been responsible for her career of crime.

Mr. Jackson said that they wero endeavouring to find a solution to tho problem.

His Honour: "The psychology of crime is an interesting subject, but this Court is concerned not with psychology but with tho prevention of it." Mr. Jackson: "I want to show that at the time sho had lost a grip of herself."

His Honour asked the witness if he could throw any light on the subject.

Witness: "I may, sir.'' His Honour: "I am not going to listen to a long story unless I think it can assist me."

TOOK TO RELIGION.

The witness said that Mrs. Johnston had taken to religion, and had been in correspondence with clergymen all over the world, and had people praying for ' her. On one occasion Mrs. Johnston had to}d the witness she had received wonderful help, and was going to tour the country and lecture on psychology and prayer on account of the wonderful help she had received. Evidence was also given by Mr. C D. Morpeth and Mrs. E. Vincent. Addressing his Honour, Mr. Jackson aaid that there had been no onq, more ready and willing to help at all times than tho accused. She had been associated with such societies as the Eng-lish-speaking Union and tho Community Club, and had always done her best, freely and willingly, and had always been referred to as a most useful and helpful member of the institutions to which sho belonged.

PROFESSIONAL FORTUNE TELLER.

His Honour: "You will no doubt note from the police report that sho was one time engaged as a professional for-tune-teller."

■ Mr. Jackson: "Apparently that was many years ago." Mr. Jackson referred to the past good lifo of tlio prisoner, and said that in a sense in one bound she lapsed from her aocial position into the prison dock. Such a lapse! What a transformation! Counsel were at times hard put for an explanation for their clients' misdeeds. One could only suggest that at the time of the commission of the offences the prisoner was not normal, and had lost control of herself to a certain' extent. Counsel proceeded to trace the lifo history of the prisoner. "ORIGINAIi SIN." [ His Honour remarked that he was glad to assume that the prisoner thori oughly deserved the reputation she had cn.ioycd. Mi-. Jackson: "There must have been a cause for the lapse."

Ed to suggest that it is original sin? Each of ua has a breaking point, and one cannot quite calculate where it is. This unfortunate woman had her breaking point, and she reached it."

Mr. Jackson proceeded to deal with the domestic life of the prisoner. His Honour said that all the irrelevancies being introduced would not minimise the very deep sympathy he felt with the woman. "So please go on," he said.

Counsel referred to. proceedings for separation taken by the prisoner's husband, and said these had worried her, and she had gone through a tremendous mental struggle. "PERILOUSLY LIKE NONSENSE." His Honour: "If you are going to ask me to believe that we can find a little relief in burglary, Mr. Jackson, you are talking something perilously like nonsense." ' Mr. Jackson said the prisoner had no use for the stolen articles. His Honour: "She had- a caliphont installed in her house, and she was wearing Mrs. Man ton's jewellery." In conclusion, Mr. Jackso.i said lie could only ask his Honour to extend such leniency as he might be disposed to grant. He suggested that probation be granted. His Honour: "You know, Mr. Jackson, that it's not possible." Mr. Jackson: "1 do not make the request without hope of success." "FIXED CRIMINAL TENDENCY."

"Prisoner at the bar," said his Honour, "long before taking my seat on the Bench, this morning I gave grave thought and consideration as to what was my duty to the public and to you. The reason is because your crime in a sense is very sad." The prisoner's counsel had referred to the religious element in her life. It was his hope that she would return to that mental attitude, and that she would find in the ordeal which she was about to undergo consolation and help from religion. He would be doing wrong to the community if lie should accede to the suggestion that probation be granted, because the crimes were numerous, and indicated a fixed criminal tendency. The crimes showed intellect, ability, and daring, and they stamped the prisoner on ont side of her character as a dangerous criminal. There was another side, however, which made one of those puzzling eases of human psychology, one of a double personality. "I take into consideration the state of your health," he said, "and do not sentence you to a term of hard labour with imprisonment, although you will be able to find in the prison avocations that will help you, apart from hard labour.

The sentence of the Court is imprisonment for two years on each charge, the terms to be concurrent.