THE Otago Daily Times. "Inveniam viam out Faciam." MONDAY, JANUARY 27, 1862.

Otago Daily Times, Issue 62, 27 January 1862, Page 2

THE Otago Daily Times. "Inveniam viam out Faciam." MONDAY, JANUARY 27, 1862.

Now that the Criminal Sessions are over, we cannot refrain ironi making a few remarks on them. A short while ago a Circuit Court ■was opened for the first time in one of the Northern Provinces. The Judge, his name has - escaped us. in his charge to the Grand Jury, addressed himself elaborately to the •whole subject of the administration of Justice. He dilated on the importance, to a young community, of repressing the first dawning tendency to crime that appeared amongst it. Whilst he was.no advocate for Draconian severity, he contended for the strict administration of the laws, and deprecated the easy good nature of some, and indolence of others, ■who, through indifference or carelessness, neglected or declined to prosecute for offences •which, slight in themselves, might prove the forerunners and encouragers of heavier ones to come. The address entered also very fully and clearly into the duties of Magistrates. The Judge considered that the office of Justice of the .Peace, although honorary, should not be considered as one that entailed no responsibilities. On the contrary, Magistrates had grave and solemn duties to perform, and he considered they were, amenable to the •severest censure when they accepted the honor, but neglected the performance cf the duties, which pertained to the office. Much more of the same nature did his Honor enlarge on in arv address which occupied some «ight columns of the local papers.

first that ha* been held in Otago. it is the first since the discovery of the Goldfielda. Otago is so idtcred from what it formerly was, the character, amount, condition, mid occupations of its population arc so materially changed, that the judge, would have been justified in considering that he visited it. for the first time. We confess we were disappointed at the very brief allusion he only thought it necessary to make to these changed circumstances. We hoped he would hive dwelt impressively and nt length on the vital importance of maintaining an orderly state of affairs, and of discouraging and repressing crime. That he would have shown how peculiarly subject young, unsettled, and rapidly increasing communities are to the introduction of disorderly elements, and how largely the interest of the bulls of the people is concerned in repressing the lawlessness of the few. We thought he would have specially addressed himself to the Magistrates of the Province, many of whom are "only newly appointed, whilst others have had no chance hitherto of exercising their functions, and told thrni" wherein their duties consisted, and how necessary it was that they should properly discharge them. But Judge Gresson failed in all this, and for the very simple but evident reason that he himself only dimly perceives and but half appreciates the changed condition of the Province. It is true that he referred to it in the first portion of his address to the graud jury, but the very reference showed that he only spoke of the change without realising its extent or importance. He said he could not congratulate the jury on the lightness of the calendar, and added "it exhibits a large amount of crime, not larger however than might have been anticipated from the great innux of strangers from the neighbouring colonies " Now, had his Honor really appreciated the additions to the population to which he referred, he would have said " I have to congratuluteyou upon the extraordinary lightins" of the calendar under circumstances from which we might reasonably have anticipated a heavj- one. Your population has been enormously increased by indiscriminate immigration from the neighbouring colonies, some of which you are aware, still retain traces of the convict element with which they were once so largely associated. Yet notwithstanding this, your calendar is an extraordinarily light one. There are but twenty-one cases on it, and only one (committed in another Province) of a serious nature." This is what Judge Gresson should have said; let him look at his opening address and at the result of the sesMons. The cumulative time of all the sentences he passed amounted only to thirteen years and tivo weeks imprisonment with hard labor, for a gaol clearance of six months, whilst in the neighbouring colonies scarcely a three mouths session ever takes place but what one prisoner alone receives as long a term of imprisonment. But this reminds us that in another respect Mr. Judge Gresson has shownhis inadequate appreciation of the condition of the Province. We do full justice to the unwearying patience with which he assists in elucidating the intricacies of the cases brought under his notice, to the impartial manner in which he decides on every point that arises during their progress, and to the lucid charges with which ho commits the decisions to the jury, but we cannot refrain from lamenting that through an imperfect appreciation of the social condition of the Province, he has so inadequately apportioned the penalties for offences, as to offer a direct premium for their commission. We are not putting the case too strongly, when we say that, should the account of the sentences in the various cases tried this .session meet the eyes of the veteran followers of crime in the neighboring colonies, they will consider this so much a safer theatre for their operations that they will be tempted at once to transfer their guilt burdened careers to Otago. Offences against property have been treated almost as venial. For robbery from the person six niontfcfe imprisonment* was only awarded, with the intimation that a third of the time would be excused if the prisoner conducted himself well. When the same prisoner was charged with two offences of this kind, on different persons, instead of considering that this fact evidenced the hardened guilt of the criminal, the sentences for the two offences were in almost every instance relatively less than that awarded for one. Thus a prisoner charged with stealing drapery goods from one person was awarded six months imprisonment, for stealing a gun from another he received three months, and for attempting to escape from prison he was awarded a week—for two robberies and one attempt to escape, he received, in all, nine months and a week's imprisonment ! Another prisoner, through his counsel, said, to save time, lie would plead guilty of robbery from the person, and he was awarded six months imprisonment- To a second charge of the same nature but against a different person, he also pleaded guilty and was awarded three months imprisonment. Another prisoner for escape from gaol received only three months imprisonment. Considering the position and insecurity of the gaol, this offence should be deemed of a most serious nature, but the man who actually escaped got only three months; the man who attempted, one week. What is to be anticipated but that a series of attempts to escape will be constantly made? What prisoner will care for risking an extra three months (minus the third for good conduct) in the endeavour to secure his libert}'.

Contrasted with these sentences, and fearfully severe in proportion, are one of 12 mouths imprisonment for accidentally causing the death oi'ii man in a fight, in which the deceased was the challenger and the more powerful man, and which was admitted to he what is considered fairly conducted, and a term of six months' imprisonment awarded to a prisoner for a drunken assault on a policeman, a case which should never have come before the Circuit Court at all.

Next come two sentences which really can only be characterised as glaring inducements to crime. One was for burglary—for carrying away several hundred sovereigns from an hotel—for which the delinquent was only awarded twelve months' imprisonment; the other was that of a man who was proved to have taken part in the famous highway robbery at West Taieri. With an organised band of miscreants, he " stuck up" over a dozen persons in one day on the high road, a crime so serious in itself, and in its reflected insecurity on the lives and property of travellers, that the severest sentence should have been passed —but the punishment awarded was three years. In Victoria and Sj'dney there are dozens of men who make these highway robberies their profession. They do so knowing the penalties they run—generally 7to 10 years' imprisonment, the first two or three in irons. What will be their feelings when they see the punishment inflicted here for as bold and daring an offence of the kind as we even remember to have heard of. Obviously they will consider Otago a tempting field for emigration, and vve may expect shortly to see them here. It is painful to have to make comments of the kina, but our duty as public journalists compels us to do so. Once again, however, we say that we are convinced His Honor has been inndvertentty led into errors of judgment from inadequate knowledge of the condition of the Province, and of which on consideration he will be the first to repent.

* To nil the terms of imprisonment referred to, hard labour is added.

The Defence Meeting, which is to be held in the Court-house, this evening, will afford an opportunity for wiping off the reproach of apathy and indifference, with regard to public affairs, wliioh has hitherto but too justly attached to the people of Dunedin. The object of the meeting is to consider, what measures

Otago in case the rumoured declaration of war between Great Britain and the Northern States of America should prove to be a sad reality, and it is to be hoped that the attendance will he such as to show conclusively that there are men in Dunedin who, for a great public object can, when occasion occurs, lay a«ide every other consideration, and cordially work together for their common benefit. Certainly this demands no very exalted degree of patriotism, indeed patriotism is hardly the proper word to employ; prudence—mire cold, com nonplace calculating prudence—must dictate the necessity of taking really prompt and vigorous measures to guard against the danger of surprise by a foreign enemy. If it be worth while for the merchant to insure his ships and their cargoes against the dangers of the seas, or his warehouses and their valuable contents against the risk of fire, it is surely eqii ■':''■ v a matter of business foresight to guard, where possible, against other risks and contingencies which are scarcely less remote, and would prove equally ruinous. -We feel convinced that the business men of Dunedin will take this sensible view of their position, and thata large number of them will attend the meetingin the same business-like manner as any other of a purely business nature. But in addition to those who have a merely pecuniary interest in the security of the Province there are others, and they by far the majority, who have ties of a tenderer nature, and to whom a foreign invasion would bring not only loss of property, but the ruin of domestic happiness. To them it is not only a matter of business calculation but a vital necessity that those near and dear to them should he protected from danger; and it may therefore be safely presumed that they will flock to the meeting to night, eager to take their part in any effort or to undertake their share of any expense that may be necessary for the safety of their wives [ and little ones.

But wo would impress upon those-fiio attend the meetipg to-night the duty of avoiding the error of supposing that they have merely to attend a meeting, to make or listen to exciting speeches, and to pass patriotic resolutions. We would remind them that all these are only preliminaries to action, and moreover that they have all been gone through more than once before without any result in the shape of useful exertion. Two years ago a public meeting was held at Tokomairiro, for the purpose of' forming a volunteer corps; the enthusiasm wai considerable, three companies were actually formed, officers were electedand a petition forwarded to the general government, praying that they might be enrolled. This roused the Dunedin people, and they also got up a corps, for which an adjutant was appointed. The Tokomairiro Corps fell to pieces because the Government would not appoint an instructor, but the Dunedin Corps actually met for drill to the number of about twenty, although we believe that a considerably larger number had put their names down as members. They obtained rifles and accoutrements from the Government, and even went to the length of shooting as competitors for the champion prize of New Zealand, but with that effort their patriotic enthusiasm seemed to be exhausted, and if we are not misinformed nothing lias been seen or heard of them since.

We should be sorry to see the movement now set on foot come to a similarly " lame and impotent conclusion," and we therefore warn those who may attend the meeting of to-night not to allow themselves to he led away by that frothy enthusiasm which expends itself on the platform, but with calm earnestness to set themselves to the task before them, to look the tli.acuities steadily in the face, to inquire wliiiJ :.■? needed, what must be done at once, what may be safely postponed, arid, most important of all, what means are available. II this be done in the right spirit we have no fear of the result, but if the speakers merely give vent to patriotic sentiment, and their hearers are content with applauding them, the province will be no nearer being put in a state of defence than it was two years ago before the abortive volunteer movement was thought of.