ABSENT PRISONER.

New Zealand Herald, Volume LXVI, Issue 20338, 20 August 1929, Page 12

ABSENT PRISONER.

' • f '' ' ' ' 't - ' SUPREME COURT INCIDENT.

JUDGE REBUKES COUNSEL

PROBATION LATER ALLOWED

There was an unusual happening in the Supreme Court yesterday when an empty dock confronted Mr. Justico lierdman,' who sat to pass sentence upon Allan Walter Adams, aged 20- (Mr. Matthews), on two counts of forgery. Adams was on bail and failed to appear, a fact which caused the Judge to comment severely. " This' Court does not exist for tlio convenience of tho criminal community," ho said, in informing counsel that it was his duty to bring his client to Court.

" I am afraid' that owing to a misunderstanding prisoner is not in attendance," Mr. Matthews'said, when the case was called. " Apparently ho was not notified by tho police. I received a message at my ofiice that tho case was to bo called, but I have never been asked to notify a prisoner." His Honor: Has tho Court to await tho convenience of tho prisoner ? Mr. Matthews: No, but tho prisoner is really not to blame. Tho police have always notified prisoners hitherto. Air. Meredith, Crown Prosecutor: That is not so.

Mr. Matthews: I have never been asked to notify a prisoner in my life. It would have been easy enough to have dono so, but I do not want prisoner to bear any blame in this. Ho is quite innocent, lie is out on bail and is working at Tonsonby.

" It is either your business or prisoner's business to inako yourself acquainted in theso matters," tlio Judgo said. Addressing Mr. Meredith, His Honor asked: "What do you propose to do about tho bail bond; do you propose to liavo it forfeited ?"

" I would not ask for the estrcatment of the bond," Mr. Meredith said. " Apparently it is a mistake on prisoner s part. I must say that thero is no responsibility on the police to be, chasing round to seo if these people are here. Counsel is notified as a matter of courtesy by the Court that a prisoner is going to appear." " This Court does not exist for the convenience of the criminal community," His Honor said to Mr. Matthews. "It is for the prisoners or their counsel to make themselves acquainted with the business to be transacted."

Mr. Matthews: I am exceedingly sorry if the Court has in any way — His Honor: Do not let it occur again, Mr. Matthews. You had better have this man hero as soon as possible. Tho case was stood down until tho afternoon, when the prisoner appeared. Mr. Matthews appealed for leniency. Ho said that prisoner had beeij working since the ago of 14, and had borne a good character. lie had been in great need of money in order to marry and took his mother's bank-book and forged her name. He was now married and was still working for his old employer. His Honor admitted tho prisoner to probation for two years, remarking that there had been only an isolated instance of dishonesty. " I am dealing leniently with you," he added. "I am giving you a chance to lead an honest, respectablo life. Understand, if you do not behave yourself you may bo brought beforo tho Court and I may sentence you to a torm of imprisonment."