WORK OF THE COURTS.

New Zealand Herald, Volume XLIV, Issue 13455, 6 April 1907, Page 6

WORK OF THE COURTS.

CRIMINAL AND CIVIL

RECORDS.

SOME INSTRUCTIVE FIGURES.

VIEWS OF A MAGISTRATE.

The annual statistics of the Auckland Police and Magistrate's Courts, which were available yesterday, make interesting reading. They embrace tho period from January 1, 190%, to December 31, 1906. The total number of persons charged was 5216, of whom 46+4 were males. In 1905 the male offenders numbered 4106 and the females 578. Whilo the charges against males have increased by 531, those against females decreased from 578 to 572 in ISO 6. These figures have to b* discounted, however, by the cases discharged and dismissed, which amounted to 7% of both sexes, leaving 4420 •'dually proven offences for 1906 and 4055 for 1905. Of the persons punished by fines last year 1665 were males and 133 were females, the proportions and numbers being roughly about the same, as in 1905. Those who were imprisoned for inability to pay fines were 521 males and 59 females; a falling off as compared with 1905, when tho figures were males 534 and females 92. Those who were peremptorily imprisoned, i.e., who had not the. option of paying a fine, numbered 453 males and 64 females, whereas in 1905 there were 4C-6 males and 63 females. Whipping was inflicted on nine persons, all males of course, in 1906. but in the previous year rite rod was spared. The First Offenders Art was applied in the eases of five males and throe females last, year, and in the cases of seven males and olio female tho year before. The total increase of all eases amounted to 532.

Coming to the nature of the crimes one finds that- offenders against the person, such as assaults, rose from 199 males in' 1905 to 223 males in 1906. The number of female, offenders was the same in both years, viz.. 13. Theft and similar offences show an increase in the case of delinquents of tho male sex. In 1905 there were 479 males and 47 females; but in 1906 tin* figures were 535 males and only 31 females. Perjury, contempt of Omrt, and similar offences were committed by four males and one female in 1906. whereas in 1905 there were 11 male offenders and one female. In both 1905 and 1506 the breakers of the revenue laws, chiefly by smuggling, were all males. They wore only 11, however, against 13 for the previous year. Whether the Customs officers of Auckland ar« kinder to lady passengers by oversea vessels than they are in some other ports is another matter, but tho female smuggler, so far as the Auckland Court records show, does not. exist. The heaviest figures aro shown under the heading of offences against good order, which means breaches of the licensing laws, drunkenness, and disturbing the peace. Here there is an increase for 1906 of 2890 males and 469 females, from 2372 males and 463 females in 1905. Other unspecified offences show a total decrease, tho exact figures for 1906 and 1905 being 981 males and 58 females and 1032 males and 54 females respectively. CRIMES AGAINST THE PERSON. Criminal assaults on females, which, of course, are confined entirely to males, in- ■ .'oaßed in 1906 to 15 as against nine in 1905. Common assaults show an all-round increase of 130 males and eight females for 1906, as against 120 males and five females in the previous year. Assaults on police and other Government officers have increased also from 28 males in 1905 to 35 males and one female in 1906. Assaults occasioning actual Iwdily harm have also increased irom 10 males and one female in 1905 to 14 males and two females in 1906. Robbery with violence has been committed only by males, according to the records; but while in 1906 nine persons were found guilty of this crime 10 wero dealt with in 1905. False pretences, forgery, and similar offences show a comparatively large increase of male offenders, they being 375 for 1906 and 351 for 1905; the female offenders, however, were only 22 lor 1906 as compared with 35 for 1905. Housebreaking offences have more than doubled, increasing from 31 males in 1805 to 64 males'and one female in 1906. Such offences as desertion of wives and children have increased also from 397 males and 14 females in 1905 to 495 males and 17 females for last year. • VARIOUS OTHER CHARGES. With regard to the licensing prosecutions, these show increases also of from 140 for both sexes in ISOS to 231 in 1906. Sly grog cases have increased likewise, and while in ISOS there were 21 males only punished, in 1906 there were 50 males and seven females convicted. Prohibition orders were issued in 1906 to the number of 30 i, of whom 41 females were made prohibited persons. In 1905 the orders issued totalled 198, of whom 31 were against females. Drunkenness pure and simple has increased from 1393 in 1905 (of whom 221 were females) to 1498 in 1906 (females, 192). Domestic infelicity figures remain about the same. In both '1905' and 1906 47 separation orders were obtained by unhappy wives, whereas, in 19C6, four husbands sought, separation from their partners, and only one sought was granted relief in 1905. It is an open secret that the determination of the police to keep tho streets clean, morally speaking, has accounted for the sharp rise in vagrancy prosecutions from 68 males and 41 females in 1905 to 143 males and 60 females in 1906. Prosecutions for cruelty to animals have been sustained in tho case of 36 male and two femalo offenders in 1906, a decline of three compared with 1905, when five offenders were females.

Greater energy on the part, of inspectors or a laxity on the part of dairy keepers, accounts for the prosecutions under the Dairy Industry Act, rising form two offenders in 1905 to 26 in 1906.

Juvenile smokers appear this year. They number four for 1906, and nil for 1905. Tho toys are not. fined for the first offence, but. may be fined for the second. As they aro not exempt front punishment until orer 15 years of ago, it is obvious that tho punishment, has to lx» borne by the parent, and not the youthful smoker.

Declines ere noticeable in offences under the Factories Act. of from 44 in 1905 to 15 in 1906, and in opium prosecutions of from 29 in 1905 to six in 1905, male offenders in each caw.

Weights and measures prosecutions appear as 20 for 1906, and all male offenders. In 1905 there were no offences of this kind before the. Court. The offenders in this respect for the past, year are comprised chiefly of bakers, who did not. carry scales in their carts.

The question of national defence engages tlx l attention of the Court also, although not publicly, and in this wise: the Court collects fines from volunteers found guilty of failing to attend parades. In 1905 there were 13 offenders, but last year they were more than doubled, the exact, figures being 28.

The criminal cases heard in the Auckland Police Court have risen from 3615 in 1903 to 4690 in 1905, and to 5215 in 1907 (from March, 1906, to March, 1907). Th« fees colleerod from convicted persons for the same periods have risen from £1065 (1903) to £1325 (1905), and £2539 (1007). CIVIL BUSINESS. Coming to civil business, the figures here given are as from March I of the one year to March 31 in that succeeding. In 1903 the amount sued for totalled £27,187; in 1905 it reached £34,326, and in 1307 rose to £45.262. The amount,-. rccorered for the same years were £15.454 (180:1), £19,457 (1905), and £25,702 (1907). The ca.-es heard in 1905 wore 1525, in 1907 they number 2034. The. business of the Courts both cit;l and criminal, has increased very much, for, whereas in 1905 the total sittings in both jurisdictions numbered 511, in 1907 they reached 584, and other business has increased in proportion. MR. KETTLE, S.M., INTERVIEWED. CRIME AND ITS CAUSES. A representative of the Herald saw Mr. C. C. Kettle, S.M., in respect to the figures above quoted, in order to ascertain the views of one stationed on the watch tower of public morality, as it were. "I attribute- to drinking and gambling 80 por cent. ar the very least of the primes that, come before the police courts. There is no question in my mind about that ; it is a conservative estimate, and every magistrate mils' - come to the same conclusion. I speak of the colony as a whole, not of Auckland in partieulai ; but a ve.r> large percentage of the .-■ases under the Married Women's Summary Separation Act alo ari.-o through drinking on the part of the husbands. Drinking has such terribly farreaching effects, we. in the Court.-, do not see all its consequences. It a man wore to drop a shell and kill 20 people, the Court would only deal with one offender, its records would take no count of the victims of bis

folly. I am not a prohibitionist., I am not a teetotaller; - but I am, of course, opposed to excessive drinking; and I certainly think, too, that tho mischief arising from drinking would bo ten times loss than it, is wore the> drink made as pur* and honest- as it is claimed to be. I. don't think » glass of good beer will hurt anyone; the harm is in <yxcofsi\~o drinking, and especially when combine*! with adulterated liquors. I know nothing, however, of the nature of the beer —that is a matter for the Health Department."

" What do you think of the weapons which the law places in your hands ior dealing with the drunkard?" Mr. Kettle was asked.

" I think we are just fiddling with the problem." ho replied. "We are drawing a great deal of money in the shape of fines from these poor people, and are doing nothing for them. We are no nearer a solution of the problem than we have ever been. Time and time again I see before me the same people. Fines do not stop them drinking. They should be so tried on State farms, far away from 'he influences of drink. I believe in the prohibition order a* a. check, and mv opinion is shared by the police." "Hut does it; invariably prohibit?" "It does not; but such cases are exceptions, lam glad to say. There are always people who will break the law, and they break it. I believe, too, that our licensing laws, where strictly carried out, do good: but everything depends upon the police and the magistrate. Hero in Auckland f think the police do their best, and all that can bo reasonably expected of them under the circumstances. The shouting evil is responsible for a good d«*al of absolutely unnecessary. absurd drinking. I think, too. drinking fountains would do something to check drinking." "We have one or two drinking fountains, have, wo not?"

"I do not know where they are, or if I do they are not running, or have- no cups. I have spoken about this before from the Bench."

"What have you to say about gambling?" "This is a terrible, rapid, growing evil. Look at the rise of investments on the totalizator, from £505.073 in 1892. to £1.555,638 in 1905-1906. It is stupendous! (•ambling among young people and grownup women is increasing alarmingly. One of the. chief reasons given to the Bench by working people, who are financially embarrassed, and against whom judgment summonses are issued, is losses through betting. One heirs this over and over again in trying civil oasesmoney if. devoted to horseracing, which should have been used in the payment, of debts or the maintenance of the family."

Then, how would you propose to stop gambling? '

"I should make betting on any sport absolutely illegalmake it. an offence." " But would that stop gambling? Is it not a question of moral regeneration of the individual ?"

"Gambling, of course, can be carried on without horses or sports. People who will gamble can rlo so; but I think much might be done by cleansing all sport, with which gambling is or can bo associated, by making letting illegal." "Hive you anything to say of the criminal statistics in so far as they may not necessarily have been influenced by drinking and gambling'.'" "Well, I think the relationship between young. people of both sexes, as revealed by the statistics of all the Courts, is very, very far from satisfactory. It's a subject one does not euro to say very much about, but ignoring the " problem will not solve it. J attribute a great many of such eases to want of parental control and laxity of moral training of the children, together with the love, of the excitement of town life and town pleasures." " Suoh eases are not confined solely to t he tow , Mr. Kettle'!''

"True. There is, I fear, a looseners of morals among our young people throughout the> colony, as revealed by tho Court records. We know only the eases that come ln-fore the Courts; but at, the opening of the last Auckland criminal sittings, if you remember, attention was called to tins state of things." "Here, again, is it not a question of moral regeneration of tho individual. rather than legislative enactment?" "Precisely; but that is outside, the Court, in a way. But there is no doubt about it, weakness of parental control, or lack of it altogether, is responsible for r great deal of sexual crime."