GAOL FOR WOMAN

New Zealand Herald, Volume LXXV, Issue 23181, 29 October 1938, Page 20

GAOL FOR WOMAN

TEEM OF THREE YEABS GUILTY ON TWO CHARGES UNLAWFUL USE OF INSTRUMENT COUNSEL'S APPEAL OVERRULED [BY TELEGRAPH—PIIESS ASSOCIATION] WELLINGTON. Friday A sentence of three years' imprisonment with hard labour was imposed by Mr. Justice Qtiilliam in the Supreme Court to-day on Marjorie Pickering aged 42, who had been found guilty by a jury on two charges of unlawfully using an instrument with intent to proeuro a miscarriage. Mr. Ongley, for the prisoner, suggested that sentence should be postponed until the Judge had had an opportunity of considering an application which counsel wished to make concerning the Judge's directions to the jury. Mr. Justice Quilliam: I can see nothing wrong with my summing-up to tho jury. Mr. Ongley said that if the prisoner was sentenced and if the matter went to tho Court of Appeal she might serve seven or eight months and then be found nott guilty. There was a very good reason why the Courts of Justice should be jealous of the liberties of the people. There was a spirit rampant in tho world to-day that the people had 110 rights. Preservation ol Rights Mr. Justice Quilliam: It is to preserve those 'rights that sentences are inflicted. Mr. Ongley asked the Court, as a British Court, to be absolutely jealous of tho interests of the people. The Judge: The Court is quite competent to look after that. Mr. Ongley outlined the nature of the submissions ne wished to make regarding the directions to the jury at the trial, and also suggested that the Judge should say what was the meaning of the verdict. There were two charges' against the prisoner, and the jury had returned one verdict of "Guilty. Did that mean guilty of only one charge, and, if so, which, or did it mean guilty of both? Mr. Justice Quilliam said he was satisfied with the perfect regularity of the trial, and the application to postpone sentence was dismissed. Matter for Legislature Mr. Onglev, addressing the Courts on the matter oi sentenoe.'said the prisoner had had the support and upbringing of a family cast upon her for. a long time, and apparently she had done that task well. Sue had not been the instigator of the offences, but had been sought by other people. Tho Judge: How did they know where to find her P Mr. Ongley: lam not aware how they knew, but there is no suggestion that she approached these people in any way. Mr. Justice Quilliam: She will be nentonced only for the crime she committed. When counsel went on to say that the jurv and the public took the view that tlie people who instigate the crinio went free, the Judge said he should address that complaint to the Legislature, not to hiiji. When sentence was imposed, accused cried, about my cnildren?" and was assisted weeping from the dock.