A DISTRESSING CASE.

New Zealand Herald, Volume XLVI, Issue 14224, 22 November 1909, Page 6

A DISTRESSING CASE.

YOUNG GIRL'S ORDEAL.

CHARGE AGAINST OLIVE YATES. The final chapter j in ' the story of the Brookby case was unfolded at the Supreme Court on Saturday morning, before His Honor Mr. Justice Cooper, ; when Olive Yates, pallid, weak, and tremulous, stepped into the dock on a charge of concealment of birth, to which she pleaded guilty. The girl's appearance was sufficient to move the hardest heart, to pity. Dressed in black, she came into Court under charge of tihe matron of St. Mary's Home, where she has been staying since her release from the hospital, and it was evident that she felt her position acutely.

Mr. Tunks, the girl's counsel, said he would like to draw His Honor's attention to the girl's age, which, according to the depositions, was only 18. So that in years she was comparatively a child. And then certain conditions could be adduced by evidence as to her home life. In her home life she had not received the care a girl of her age should. He understood there had absolutely never been anything else against the girl in her life but her present trouble. Already the girl had been practically punished for her offence. She had undergone all the shame that a girl would in such circumstances, and one of the most serious illnesses that any mother could have. It was a wonder she had escaped with her life. She had also undergone .two public inquiries—and now the present one. It was an ordeal * for any girl to have to stand in the dock and hear sentence passed upon her. Since the Police Court trial the prisoner had been in St. Mary's Home, and the matron of that institution would say that she had been tractable and obedient in every way, with • every wish to learn, and there was no reason why with training,she should not be able to earn her own living. , Mr.. Tunks therefore suggested that the girl be ordered to come up for sentence when called upon, on condition that ,she remain a certain time in "St. Mary's Home. ' ' The superintendent of the home said the girl had been under her care since October 1 last. Witness bore high testimony to the prisoner's character during this period. Mr. Tole, K.C. the Crown solicitor, elected not to address the Court, but to leave the matter in His Honor's hands. His Honor said he had considered the case carefully. - On other occasions he had had similar cases before him. ; He had come to the conclusion that he ought to accede to Mr. Tunks' application. The offence of concealment of birth was a very serious one, and in some cases *it was necessary to inflict punishment, but in such a case as this one had to consider how the interests of the community would be affected by the sentence passed, and also how that sentence would affect the interests of the girl herself in the direction of saving and reforming her. Cases like the present originated in the doings of evil men. It was a pity they were not able to bring the person primarily responsible before the Court. Cases like the present were very distressing. It was not his place to inquire, but he could not help 1 thinking that a girl like this, left alone to bear her shame, was in a very unfortunate position. The depositions showed that at the time the girl, had no home comforts, and her parents were not able to give her that assistance she required. : The grand jury had thrown out the murder charge, and he agreed with them in their action. At the time she committed the offence the unfortunate girl was irresponsible for her actions, One could not help sympathising with her iin her condition. He would accept Mr. Tunks' suggestion that the girl stay at St. Mary's Home and be ordered to come up for sentence when called upon. He could not help but applaud the noble women who kept these .homes. There was no doubt that, despite its discipline!; a gaol would spoil the girl's life, and, to a great extent, destroy her chances of obtaining ... work ,_ when , released. He thought the suffering she had undergone and the publicity of the case would deter any other unfortunate; girl from concealing her baby's birth. It was a ; terrible ordeal for a girl to undergo. First, there was the inquest, then . the Police Court, and then, finally, the Supreme Court. It was a terrible punishment indeed. He did not think he was acting wrongly in letting the girl go without imprisonment, but it was in her own interests, and, after all, it might be the means of saving her. Punishment, of course, was • necessary in some cases. He had adopted, a similar course to the present in a like case he had once had in Wellington, with the result that the girl had been taken in hand by charitable people and . since restored to society. He would order the girl to come up for sentence when called upon and to stay at St. Mary's Home for 12 months. He would not order her to report to the police, as he did not want to do anything to seriously affect her future, but he would ask the authorities of the home to report from time to time to the police. After reading the depositions and hearing Mr. Tunks and the superintendent of the home he felt sure that under the discipline of the home she would reform and live an upright, moral, and honourable life. ' - - ' '■'" •' '

Addressing prisoner, His Honor said: Olive Yates, you may leave the \ t dock. I put you in charge of those noble women at St. Mary's. Home, and, hope you will do your best in-future to lead an upright and honourable life." - : The girl then left the dock in charge of the matron of the home.