JUDGE ORDERS LASH.

New Zealand Herald, Volume L, Issue 15236, 25 February 1913, Page 8

JUDGE ORDERS LASH.

FIVE SERIOUS OFFENCES.

FOUR MEN TO BE FLOGGED.

ACT PROTECTS THE FIFTH.

Floggings -were ordered to bo given to four prisoners who came tip for sentence at the Supremo Court yesterday on charges of having committed indecent assaults upon young girls. It was pointed out by His Honor Mr. Justice Edwards that tho number of fashes fixed in these cases for the young men, and five for the old, men— be increased in the future.

" The recommendation of the grand jury was that men convicted of indecent assaults; should be punished with the lash," remarked His Honor, when sentencing the prisoners. " The grand jury, however, was under the mistaken impression that an alteration of tho law was necessary," he continued, " and therefore recommended mo to take such steps as would probably result in an alteration being made. The steps proposed are unnecessary, for in tho punishment of men guilty of an indecent assault the last is allowed. The grand jury was right in recommending flogging, for if anything will check this class of crime it is fear of the lash. I intend in all these cases to adopt the punishment suggested, but I desire it to be understood that the number of lashes I intend to order this morning must be taken simply in tho nature of a severe practical warning. In future, if this class of crime continues, tho number of lashes will bo very much increased, until they will form a very substantial punishment. "Lest tho public should think the lash an inhuman form of punishment, I wish to point out that the gaol surgeon is required by law always to bo in attendance when such punishment is inflicted. He is required to stop it should he bo of opinion that it is beyond the reasonable endurance of the prisoner. 1 repeat inat I wish it to be distinctly under-stood that the pun--1 ishmonts to be' ordered to-day are only to bo taken as practical warnings, and not as a measure of the sentences that will be inflicted by the Court in tho future." Need for Amendment of Act.. When sentencing a prisoner who had been found guilty of both carnally knowing a girl and committing an indecent assault, His Honor pointed out that the law required the latter charge to be merged into the other charge. " Unfortunately for the public, but fortunately for the prisoner, the law does not allow me to order him to be flogged." His Honor said: "In the caso of an indecent assault, a man may be imprisoned for seven years, in addition to being flogged, but for the major offence the maximum imprisonment is five years, with no flogging. I hope this won't be an -encouragement to others to commit tho major offence, for I intend, at tho instance of the grand jury, to make a representation to the Attorney-General to have the law altered to a more reasonable state." "Most {Heinous Offence." Five prisoners were then brought up for sentence. When Thomas Hammond came up His Honor said ho was a man of bad character, but that fact would not be taken into consideration in the present case. The prisoner, however, had been convicted of one of the most heinous of crimes, and would be sentenced to three years' imprisonment with hard labour. j Further, ha would be ordered to be once flogged with ten lashes. Warning To Old Men. "It is at all times most painful to me to order prisoners to be flogged, but it is tho more painful for me to order a man of your age to be punished in this way," said His Honor when Robert . Connor was brought up. " I will take into consideration your years. There is also to be taken into account the fact that the circumstance?? of your case are not quite so bad as sonic of the others." His Honor pointed out that he would not be so lenient in future, and added that he hoped people with the inclinations of tho prisoner woidd take warning. Connor would be sentenced to undergo three years' imprisonment, and to receive five lashes. William Charles Spriggs, a younger man, was sentenced to receive.ten lashes, and to undergo three years' imprisonment. : Frarr Rhodes,- an elderly man' had nothing to say on his own "behalf, the crime again being indecent assault. The accused was lentenced to three years' imprisonment, and was ordered to receive five lashes. Flogging Not Allowed. __ Another man past the prime of life, Thomas Lock, who had been found guilty of charges of carnally knowing a girl, and of committing an ind-Tcent assault, was sentenced., to five years' imprisonmMit. His Honor pointed out that where the major offence was committed, the indecent assault ' charge was merged with it, and the lash was not allowed. In connection with this case His Honor agreed to consult Mr. Justice Cooper us to whether there was a case to be stated to the Court of Appeal in connection with some remarks made to the jury when he. was summing up. Dr. Bamford, who, instructed by Devore, Martin and Prendcrgast, appeared for Lock, contended that His Honor, in referring to tiio admitted fact that the girl had been found with the prisoner, had said that it was incumbent upon the latter to prove what took place. As prisoner did not jjive evidence on his own behalf, Dr. Bamford considered that this statement amounted to comment on the fact.

The lash has been laid 1 ; ,side for some time, the last occasion on which it wr,s used being over five years ago. v The actual instrument used is composed of nine (stout pieces of cord considerably knotted. No special warder is given the duty of flogging a prisoner, but the task is decided by ballot. Prior to a flogging the prisoner is placed hi what are known as the triangles, his wrists being secured above his head and his feet to the base of the structure. Ho is allowed to wear a belt, but otherwise his back is bared to the lash.