THREE YEARS' HARD!

NZ Truth, Issue 215, 7 August 1909, Page 5

THREE YEARS' HARD !

THE CASE OF FRANK TATE/

Petition for His Release.

Suffering the Sin* of Others.

A short time ago at Auckland what can, m daily press parlance, be termed a painful case, came before Mr Justice Edwards and a jury, tMe accused person being a young cabman named Frank Tate;. This young" man's offence' was m carnally knowing a girl under the age of 16 years, and- being found guilty was sentenced to three years' imprisonment. That sentence, m the extraordinary circumstances was exceptionally sevete, m asmuch as the girl, now dead, was forced m the Police Court to admit that she had been frequently tampered with by numerous males, some being married men, while motormen and tram conductors seemed to have preyed on the unfortunate girl, who rather,, as it transpired, than face the ordeal of a crucial crossexamination m the Criminal Court, took her own life, and it was on her depositions m the Police Court that the jury found Tate guilty. In the' very unhappy •circumstances of this case, and having every regard for the feelings of the' parents of this unfortunate girl, "Truth" at the time of Tate's conviction, and even now, must withhold the comment it would otherwise have made, \ HAD NOT THE (HRL SUICIDED. Many a man has seen the inside of a prison cell on the uncorroborated oath of a strumpet, and though it,- cannot be denied that this young fellow Tate was guilty of sexual acts with the girl, it certainly looks as if Tate has been made a scapegoat. Such an offence is more heinous m married men. it is serious, of course, on the part of single men, but, as stated, Tate seems to have been made to suffer, not only for his own sin,, but for the sins of numerous others. The defence raised on Tate's behalf was that he had good reason for thinking the girl above the age' of consent, and though the girl denied that she at any time led the convicted man to believe that she was sixteen years or over, the defence stoutly maintained that she did. Notwithstanding this, Tate was convicted and' as previously mentioned; was sentenced to the rather severe term of three years' gaol. It has been alleged that Mr Justice Edwards was actuated to severity because Tate's counsel, Mr J. R. Lundon, had made himself obnoxious to his Honor, but "Truth" does not join m that assertion. Mr Justice Edwards is generally severe on sexual sinners, and Tate was not made an exception to his Honor's rule. "Truth" is somewhat afraid that motives of sentiment actuated the jury m convicting Tate and though it is impossible to say what might have happened, had the "victim" of Tate's lust lived to have told her tale from the witness-box, the jury, after hearing admissions from her unwilling lips, might have felt inclined to disregard her word on oath, so far as it was sought to connect Tate. "Truth"

purposely refrains from offering- any com- 1 ment on the defence traised. It is a legitimate defence, and m several cases of late months it has proved successful. What, however, does concern us most, and what is more likely to appeal to the ordinary-minded individual, is the fact that Tate seems to have heen punished, not alone for the part he played with the girl, but for the sins of others, who no doubt QUAKED IN THEIR' SHOWS, for fear that the Law would visit them, and smite them hard. Fortunately for them, they were beyond the Law, or, maybe they would now be m the same parlous plight as Tate. In Auckland of late a movement has been set on foot, to secure Tate's release, and the following numerously-signed petition has, this paper understands, been forwarded to the Minister of Justice. It reads thus :— •, Auckland, July, lUOU. ' To the Honorable The Minister for Justice, Wellington. Sir,— On behalf of the friends and relatives of Frank Tate, who at the last session of the Supreme Court was sentenced to three years' imprisonment with hard labor, we, the undersigned, desire to state we have known the prisoner for several years, and have al ; ways found him to be a young man of worthy and respectable character. From the newspaper reports of the case, and from the knowledge some of us have of the circumstances, we desire to respectfully state that m our opinion' the sentence was unduly severe, and that m view of the statements made by the girl upon whom the offence was committed, a light sentence, would have met the justice of the case. We therefore respectfully ask you to peruse the reports of the trial and the. evidence thereat, and trust when you have done so you will see your way to remit a portion of the sentence, conditionally upon the prisoner's good behavior while m custody.— We have the honor to be, sir, Your obedient servants, The petition bears the signatures, among others, of Mr F. Lawry, M.P., R. S. Briggs J.P., E. Davis, J.P., and William" Morgan, J.P. We do not know, if any reply has been made by the Minister, hut on the facts it looks to "Truth" that it is a case that certainly calls for revision.