CONVICTED PRISONERS.

New Zealand Herald, Volume LIX, Issue 18019, 18 February 1922, Page 11

CONVICTED PRISONERS.

DECIDING THE PUNISHMENT,

UNUSUAL PLEA ADVANCED. EMBARRASSMENT OF THE COURT. Three prisoners were brought up for (entente before Mr. Justice Stringer, in the Supreme Court yesterday. A statement that before his arrest the priso: er had been advised by a country jolicitcr not to disclose certa n incidents to the police, was made by Mr. Singer in tbe case of James John Packer, who was found guilty on 'ihmsday of having sssaulted a -^ ao| i S ,r 'i intent to commit rape, at Opani, Bay of Islands. Counsel said the ptisoncr, acting \>u tiie advice g^ e " ' lun ty l - le solicitor, did noi l*i Uie Police, 111 his btatemeut, that he went into tiie girl s house. .Mr, finger W'd he was conseque.itly hampered in conducting the uc.f-u.e, >n..smucu ss he decided m tue 01 the nriSvQM'i 'I wofl.d be better not to call hur and the other witnesses who had been »übp.>euaed to attei.d, as the . irl joner «iuid iiitve been loueu to admit cm cu>»sf aniiii.ti.oii 11> aL h.g statement tu tne police w.,s untrue, winch wou.d |„ive d:» Mil ted inm in tue e..es ol tiie Judi:* J' l -' J 1 - }'■ H* " ;us th ■* now at- ,i uVaaNautage, in that by deciding not to call ewuen.e, cOiiair. facts hid not c-.mie I e ore the Couit which m.ghi have lessened the- gravity of the otleiice. Evnirne was given by Constable pater aid t«o residents in the d.stnct a 5 to tiie piisone/s previous good character, and it was stated ho was a married man with two childien. A p.ea tor p. obution was ma-e by Mr. ginizer, but the J.uge said theie was not the s ightest possibility of his adapting that cou.se. H.s Honor, continuing, said he did not. remember ever having been placed in so jmbariass.i'.g a p suion in .onneuwu with a Case as he found himseli now. After the case had been concluded and the jury had arrived at a verdict, ha was piaaica.ly invited by counsel to believe that thio-igh what he could only chaiacter.se as the extraordinar.lv foolish advice given to him by a country solicitor, the prisoner was commuted to a line of defence which prevented him from disclosing mitigat ng circumstances. So far as the evidence was conceined, he cordially agreed with the veidict of the jury, the evidence of the girl was not. impeached in aay way, and it was amply corrcborated. Whether there were or not initial circumstances that might mitigate the subsequent events was difficult for him to say. He was certain y not going to weaken the protection he thought young girls weie ent tied to by admitting the pnsoner to probation, but he was placed in an awkward position. He would take time to consider the matter and would order that t e prisoner be brought before him on Monday. !