IS LIFE IMPRISONMENT A MISNOMER?

NZ Truth, Issue 1199, 22 November 1928, Page 4

IS LIFE IMPRISONMENT A MISNOMER?

OINCE the sentencing of William John Hardie to "life" imprisonment ment bear its. literal value, or is it for a specified, numbe, °* V""; t . f The question might well become a chief topic of public^ inter^'^ only to depth theelasticity of the law m respect of such terms of P""'^_ment. The answer comes m the added remarks of the > learned judge "If the accused shows signs of reformation, then no doubt it will be open to the Prisons Board to t'a^vwhat steps it considers advisable .nth. way ° f re |tTB In D 0 athe m red r the Crimes Act provides for "life" in,-pri.inm.nf-o«in.t a verdict of manslaughter, the ultim^. P ow.r of J^RiK ft ?^b^ idieio^tpp^^^e will basoned your-own destiny, and gives justice the folds of a c o ""'^ 3 - was Hardie is a young man, but three years out of his teens. It was proved without a shadow of doubt that he shot to rob-.f not to kill. Yet there is a chance, however frail, however distant and remote, that he may earn his liberty— if one who could commit such a heinous crime as that Perpetrated on the wild tussooked downs of the Kyeburn diggings could possibly "earn" aught else but that which he has already earned-l.fe-long lnC To er t a KosS, l then, whose minds may be dismayed over the possibilities of'this brutal man- killer ever sallying forth from the shackles of safe custody long after the memory of Sho Shum's brutal slaying has withered away m the vale of Time, the answer is definite— the loop-hole of good behavior can, and may, swing on its hinges. VA , Ot , or i There is, however, yet another question, but not so readily answered as the first. In fact, solvable by only twelve men m the w.de^w.de world. It reiterates through the minds of deep-think.ng men. putting justice herself before the tribunal of commonsense, and asks: How did a jury distinguish manslaughter from murder on the evidence before it? In passing sentence the judge's comments amounted this same query, and it is echoed from one end to the other of the Dominion. To be chosen on a jury which has to decide the life and death fate of a fellow human is the mo E t unenviable duty of any man's citizenship and wholehearted sympathy is extended to those whom Fate elects must^take the role. Yet the flaming sword of justice cuts atwam all thread of sentiment and personal misgivings, leaving a clear course of duty to society, country and Empire. The evidence for the Crown against Hardie was dove-tailed and clearcut to the one conclusion, that either Hardie did, or he did not, kill Shum for his gold. Though the flower of justice may bloom best under the gentle dew of mercy, the noxious plant of crime may thrive m the fertile fields of misplaced leniency. Here then, may be reason to doubt the wisdom of associating manslaughter with murder m the confines of a jury's room!

travelling on a legal flat-tyre, so to speak. Out went the cases as fast as the clerk could call them. The rub for poor old Rubberneck Ratepayer lies m the fact that two of the victims who filed defences, at £1 JLls. 6d. a time, were allowed costs. So that week the City Corporation had to peel off a few "buckshee" notes — rather a shameful extravagance, as the amount they represented would have been very useful m helping to fill the weekly envelopes of the truffle officers. Anyone' is' apt to make a mistake, but surely all the traffic inspectors know their job! And isn't a scrupulous knowledge of the traffic laws the very trade-mark of the uniform they wear? As intimated by , ; _ counsel for one defendant, the wrong man had been prosecuted, and another alleged speeder often had been one of a long queue of cars returning from the ' racecourse, yet the car which was a few feet m front, arid the one following immediately behind, were not deemed to be breaking the law! This instance of glaring inconsistency appears to have a bearing on a previous unsuccessful case against a motorist who was prosecuted on this occasion. . '. . ■ The earlier prosecution involved ■ a charge' of wrongful parking.'' it being alleged that defendant hud parked -his. car over a certain white paint line. The defence, however, satisfied the magistrate, that > the line had been painted after the date of the alleged offence. ■ '■•:.•■ • Just how. sore the informing traffic officer felt about the court's decision m favor of the motorist, may be imagined from a remark he allegedly made after the proceeding's. ' . "You, have ..beat, us, but we' will catch you again, and make a proper' folv of you neit time," is the challenge he, is stated to have thrown out to the defendant on leaving the court. Has the - recent futile charge of "speeding" against this same .motorist any relation to that remark? .' •Perhapsit was a blessing m disguise for one or more of the traffic, officers that the magistrate blew out the 23 charges without hearing the cases for the defence, for so determined was one of the defendants to get to the bottom of this suspected ."earrmarking," that he subpoenaed G. A. Lewin, the town clerk. x

Branding Suggestion

tatlon of the regulations, there is something radically wrong. As to what struggling ratepayers, who cannot afford motor-cars, think about parting up with court expenses for such entertainments, there is only one conclusion. v . If some of the past tactics of certain traffic-trappers are continued, Dunedin may expert some highly diverting incidents. Some months ago, when a motorist was haled before the court, it was alleged that the traffic officer responsible for the prosecution threw his hat at the car-driver m an effort, to make him halt the car. This action did not meet with the magisterial favor, so the employment of bow and arrows is suggested. • This would be ,an ideal method of bringing delinquent drivers to a standstill, with a punctured tyre? Or, should traffic fellows feel a bit dubious about their abilities on the William Tell act, elastic gates, to spring across the road by electrical manipulation, could be fitted to telegraph poles at intervals. If the supposed "ear-marking" practice should be deemed an asset to city traffic management, the idea could be worked up on more modern lines, such as a sealed notice system- whereby prospective and "branded" victims would receive warning from, say, "Terrible Tarzan of Traffic." Parking areas would be ideal places for the "branding" process. Wouldn't the traffic officers have some fun, standing on the pavement and watching the faces of car owners, as they came^up and. found the fatal message m their driving seats?