PRISONER'S CONFESSION

Poverty Bay Herald, Volume LV, Issue 16873, 9 February 1929, Page 7

PRISONER'S CONFESSION

JUDGE’S COMMENTS THE PALMERSTON NORTH CASE (Per Press Association.) PALMERSTON N., last, night. Following the unusual developments which occurred in the Supreme Court this morning, James Morton McGill, who had been found guilty of breaking and entering Christie’s tobacconist shop in Raugitikei street, created a further surprise by handing to Mr. Justice Smith a written confession when he appeared in court this afternoon for sentence after having been remanded while the missing safe was recovered. Accused’s counsel, addressing ’His Honor, said he would like the court to know that the accused was of exceedingly temperate habits, with no tendency to.drink,, end ns long as the man had not that habit, despite a bad record, and if ho had the capacity for earning a decent living, there was always hope that he would return to a decent form of life.

“It has struck me,” continued Mr. Loughnan, “that in a certain stage

of iny arguments T presented an aspect of the case involving his wife. I put it strongly to the jury that, if it accepted the nightwatehman’s story, then the woman was in it. Well, as a man, I feel that it might be in Your Honor’s mind that the implication of accused’s wife adds to the gravity of the offence and makes an immeasurable iniquity. 8o far as I am concerned, t hat is an argument which I framed and I hope that it has in no way been attributed to the prisoner. My intention was limited to the evidence. It might be that Your Honor thinks that the wife was induced to come here and give false evidence to save her husband. 1 think that I am entitled to say that nothing would have kept, her out of the box, which she entered without any inducement and her on her own insistence.” His Honor: What has happened to the safe? Mr. Loughnan: I would rather have the detective make a statement concerning that, 1 know it lias been returned, but I am unaware of what its condition is.”

His Honor: The money has gone. Mr. Cooke, Crown Prosecutor: The safe is in the police station covered with rust aud in a very dirty condi-

tion. The hinges had been sawn off and the contents removed. There is no possible prospect of securing any linger prints. We will produce the safe for Your Honor’s inspection.

His Honor: There is no need, but, from the point of view of restitution, what lias happened to the safe?

Mr. Cooke: Everything has gone. The production of the safe at the last minute is nil her a two-edged weapon. If that position had been before the jury at the trial, it may have affected the verdict on the first count.

“This confession which you handed in,” said His Honor in addressing the prisoner, “from a legal point of view amounts to evidence of guilt on the first count. Therefore, there is no reason for you to complain at the fairness of the jury in dealing with your case. Perhaps, from a wider point of view, your confession and restoration of tin* safe should be in your favor, but from the point' of view of restitution there is nothing for the wronged man at all.

“Confession before trial would have been taken into consideration in fixing the sentence,” added His Honor, “but when it is made afterwards, at the last minute before sentence, it. is very difficult to deal with

a confession as a mitigating circumstance.” .