CRIME AND PUNISHMENT.

New Zealand Herald, Volume XXXIX, Issue 12147, 18 December 1902, Page 5

CRIME AND PUNISHMENT.

STATEMENT BY A JUDGE. [BY TELEGKAI'If. — ASSOCIATION.]

Ohkistchcech, Wednesday. Mr. Justice Dexxistox made a statement in the Supreme Court this morning concerning the newspaper criticisms on a 12 months' sentence pronounced by the Court last session on a man charged with ■ committing; incest on his daughter. His Honor said the accused was indicted for incest, but the jury acquitted him on this charge., and of attempt to commit it. and convicted him on the second count of the indictment, namely, indecent assault. That could only mean that the jury disbelieved or doubted much of the girl's evidence, in convicting him on the minor* charge only. The jury added a recommendation to mercy, confirming this opinion of their disbelief in the story of the girl; in its. entirety.•'£ The only reasonable inference from such a verdict. was that the jury were not satisfied of more than that the accused, on coming home very drunk, behaved indecently to the girl. The findings of the jury and the action or the Court thereon were, of course, open to the fullest criticism, though it might well be thought that the opinions of the jury uid judge who heard and saw the. witness were entitled to some consideration. But it was reasonable to expect that the facts should be fairly _' stated. Whatever might be his shortcomings, he was not conscious in discharging the onerous duty of apportioning punishment to crime of being either careless or callous.