THE WARING TAYLOR CASE.

Marlborough Daily Times, Volume VII, Issue 1598, 8 July 1885, Page 2

THE WARING TAYLOR CASE.

MR. SHAW’S ADDRESS ON BEHALF OF THE ACCUSED. THE PRISONER SENTENCED. (Per Press Association). Wellington, July 7. Wm Waring-Taylor was brought up for sentence at the Supreme Court this morning, the Court being crowded. Duriug his incarceration in gaol Taylor has grown much stouter, and his whiskers and moustache have become much longer. As he advanced to the prisoner’s stand it was seen that ha was trembling in every limb and wearing a very anxious look. During the few minutes he was obliged to appeir before the public he bent heavily against the front of the dock, and held one hand to the top of his face, as if to conceal his agitation. Permission having been given to Mr Shaw, counsel for the prisoner, to address the Court, which he did, as follows On behalf of the prisoner I would venture to remind the Court that there arc one or two circumstances which may very fairly be considered to be in his favor, at least so far as mitigation of his sentence, is concerned. I am aware that your discretion jn apportioning the sentence is absolutely unfettered, but at the same time I feel sure you will carefully weigh the surrounding circumstances, both for and against th" prisoner at the bar. Your Hooor, prisoner is an old man. He is, am ioformed, in his 66th year. Out of that life he has spent some 47 years in this city. I am aware that, in reminding your Honor during the greater part of that time he has had the esteem of his fellowcitizens. I lay myself to rejoinder that he could never have been able to commit the crime but for the trust reposed in him. At the same time I cannot help tliiuking that in deciding the length of oentence your Honor will take into consideration that prisoner’s career, during 40 odd years, was absolutely free from taint. Again, your Honor, I would submit that what might be heavy punishment to him may be a very trifling matter for another. Those who are familiar with the criminal class find that hardened criminal gaol life is not a hardship whatever, but to a man brought up and accustomed to such life as prisoner his been living, an element of torture must enter his sjul when he discovers himself incarcerated in prison. That I submit i 3 an element to be taken into consideration in dealing with this cise. In the present instance a heavy sentence would be absolutely crushing to prisoner—in f.et Igo so fir as to say that tip prisoner has already been punished beyond reach, of further punishment. I believe those who prosecuted in this matter have no desire that the Court should exercise any severity in passing its sentence on the prisoner, At the same time I cannot help recognising the fact that your .Honor is here to vindioate the ends of justice. I feel confident that in apportioning the sentence you will entirely lay aside the evidence in regard to the conviction quashed, and also upon the other two indictmeuts that might have been prepared. Prisoner has only been convicted upon oue indictment. His Hooor Slid Mr Taylor, before your counsel’s address I had carefully considered what sentence should be imposed upon you. Undoubtedly the first feeling I had when tlje jury caavicte l y.m was that a very severe punishment should be imposed. Further consideration in the matter, however, has induced me to think that the ends of justico may be serve 1 without going to the extremity I first felt bound to go in apportioning sentence. Taking into account your age—that is really the only consideration in your favor in mitigation of sentence— there are no other circumstances, in my opinion, which would justify me in mitigating your sentence. There is no reason why I should take into oonsideration what you have been. All T can say is that the offence of which you have beei, found guilty is an extremely grave one, hut more so when committed by one who held such a position of trust as you occupied. Tne sentence of the Court is that you be sentenced to five years’ penal servitude. The prisoner was then removed. m , Jt is understood that Waring Taylor will not serve his sentence in Wellington gaol, but probably at Lyttelton.