MAGISTERIAL MUDDLINGS.

NZ Truth, Issue 133, 17 August 1907, Page 5

MAGISTERIAL MUDDLINGS.

DUBIOUS DOINGS IN DUNEDIN.

Indecency Punished and Indecency Not Punished.

Peculiarly Pungent Parallels.

It is a fine thing to be born lucky. One is spared such a vast amount of trouble. To be unlucky is not merely to be unfortunate, but, occasionally, criminal. We have had quite a number of cases m point m Dunedin during the last few days. Trumpery, tin-pot thieves, who never had brains enough to come m out of the wet, let alone to avoid trouble, have "gone up," whilst abler and more expert felons have known how to manipulate the little artifices which induce the Justices or the Magistrate to take a lenient view of their offences. Also, we have had men guilty of allegedly grossly indecent acts who should now be expiating their indiscretions m gaol, and similar offenders, who are free to go about their ordinary business without even a conviction being registered against them. Luck

(Dunedin North.) Observe the curl m the tail of his coat, And the size of the collar that encircles his throat. Now do not get wrath Little man from D. North, But be pleased your sweet phizog to note.

has a great deal to do with it, but there is something; more than this. The man who trusts to his own version 1 of his lapse to pull' him through tumbles m: THE WISE OFFENDER secures the services of an able advocate, and obtains &■ kind of free pardon. To deal with a few of the indecency cases. By indecency, the writer 'means not a foul outrage on a helpless woman or an innocent girl, but merely the performance of the ' natural function ' under badlychosen conditions. On Saturday last . Alexander Hudson Guthrie, who stated that he had been drunk and did not know what- he was doing at the time, was sentenced to seven days' imipri'sonment by Mr C. C. Graham, S.M. His Worship expressed regret at his unability to inflict a monetary penalty, but that was cold comfort to Guthrie, who had to leave wife and family and work, and lay up for a week, under circumstances which are humiliating, to say the least of it. ' . On Monday a man named William . Johns was dealt with precisely the same manner for the same nasty offence, and was fined 5s and costs for drunkenness. In Johns's case it was clear that the so-called gross offence was committed under the influence of liquor, and at a time when the natural call was loudly ■ asserting .itself. We. have no particular sympathy with Johns, who, first of all, was ■A FOOL TO GET DRUNK, 'and who, secondly, was a fool when drunk to make use of a public thoroughfare m an obnoxious manner, but within a fe"w minutes of his conviction another man. who had committed a like offence, and was clearly shown to have done so, was discharged. The sup-rpr.ess press of Dunedin did not mention the mention the name of this individual. "Truth," which never makes flesh of one and fowl of another, has no objection to mentioning that the person m question is a man named William Hall. In the two previous cases the worthies who are now. doing time were represented by themselves— very, indifferent lawyers —but Hall was defended by counsel. His lawyer made great use of the fact that Hall took up such a position that no passer-by could, see anything to offend. Perchance m the other cases, a similar plea could have been successfully set up. One thing is perfectly clear, however, namely that the Indecency Act requires amending. The offence m question, whilst objectionable, might very well, excepting under exceptional circumstances, be punished by a small fine. In cases of felony, too, it seems largely a 'matter of "whether accused 'has briefed an able lawyer to defend him, or relies upon Ms own unaided judgment how he will fare at the hands of the bench. A column could very easily be filled with instances of recent ; small thefts m which the offender has been rigorously dealt with. "Truth" assuredly believes m the \ First Offenders Act, and would not be a party to the blasting of a re- j putation that might very well be saved. But when a first offender is unrepresented 'by counsel tjhe^Mafe'istrate should show him as much indulgence as if he were. Is this done ?