AN UNUSUAL PLEA

Poverty Bay Herald, Volume LV, Issue 16869, 5 February 1929, Page 8

AN UNUSUAL PLEA

GUILTY OF MURDER TRIAL LASTS 4J MINUTES ;Elec.T<el. Copyright—UniU'd Press Assu.j (Australian au<i A'.Z. Press Association.) (Received Februarv 5, 11 a.m.) LONDON'. Feb. d. .Joseph Clarke, 21. an electrical en giueer, was sentenced lo death al l.ivei - pool, lour and ;i ball' minutes after he was charged with strangling Mrs Fontaine, his fiancee's mother. Clarke stepped info I lie dock with bis bauds in his pockets and pleaded guilt V. Mr, Justice Kinlny twice warned him as lo whal Ibe elVeel of such a plea would be. After he was sonlonood, Clarice. Willi ;i curl "Thank you, my Lord," lefl the dock, appearing quite unmoved. Tho report that- a plea, of guilty was accepted to a charge of murder arouses a point of legal and general interest. With, practically every murder trial two pomis are invariably raised, firstly. whether the accused is'asked lo plead, and. secondly, whether it is possible for a murderer to plead his guilt. While doubt might be raised by the first question, probably as many as 99 out of 100 legal men in New Zealand would answer the second in (he negative. The actual legal position is obscure, bui it, is a well-accepted practice in New Zealand not to lake a plea of guilty. Generally, in fact, a person accused of murder is not asked to plead, and from this practice has arisen the assumption, right or wrong, that a plea of gniltv cannot bo accepted. Assuming that the cabled report is correct this position cloes not apply under the English law. and as the New Zealand criminal code is based on the principles oi English law. it would probably he found thai- the practice has become established without any definite foundation. It will be remembered thai in a murder casts at Gisborne in recent years great surprise was caused by (he accused, on being asked to plead, plead ing guilty to the crime. The presiding judge declined to accept the pica, ami the licensed was provided with counsel. Further surprise was caused by the accused, despite his attempt to plead guilty, personally challenging a number of jurors, anticipating his counsel in this respect. The prisoner -was subsc quently found guilty, and hanged.