CHARGE OF JUDGE RICHMOND TO THE GRAND JURY AT HOKITIKA.

Colonist, Volume XII, Issue 1254, 1 October 1869, Page 8

CHARGE OF JUDGE RICHMOND TO THE GRAND JURY AT HOKITIKA.

Below we copy the recent charge of his Honor Judge Eichmond to the Grand Jury, at Hokitika. His reference to embezzlement, and especially to the offence of peculation of public functionaries, deserves careful attention, and will bo appreciated. The manner in which he touches on life ou the goldfields, —his text being the fact of the calendar embracing the names of three unfortunate women, who had attempted suicide—is as searching as it is affecting, and full of food for thought. The charge is one of the ablest, probably the ablest, we ever read or listened to from a New Zealand Judge. It is a deep and searching lecture on some of the painful phases of modern social life, and as such is well worthy of perusal and subsequent thoughtful consideraton. His Honor said: —

I am happy to see that the calendar, is free from what, viewed in the light of the criminal law, ar* offences of the gravest kind. Still, the present calendar has points of great social interest. lam first struck by the large number of charges of embezzlement. I use the word in its large and popular sense. I find there are no less than four ca^es. This is a class of crime exceedingly rife in the Colony. It is a very frequent charge, as it is often necessary to place pecuniary trust in single hands without adequate checks. I am very sorry to see amongst these cases charges against two public officers. Such cases call for a very firm and unrelaxing administration of the criminal law. I certainly hope, that no technical difficulties will prevent the punishment of the guilty. I hope the day is far distant when peculation on the part of public officers will be shielded in this Colony. But it is well to remember that the only safeguard, the true and ultimate safeguard in these cases, is the power of public opinion. If there is not purity in that, this Court cannot secure it. In cases of ibis class, where punishment falls on men really ill able to bear it, upon men whose reputations have been good, or even spotless, it not; infrequently happens that, on grounds of natural pity and commiseration, attempts are made to ward off, or mitigate, the proper consequences of crime. You, gentlemen, may remember such a ease, in which, fortunately I may say, the attempt to interfere with the ordinary course of justice was unsuccessful. I say a sound public opinion would condemn such illjudged leniency. That opinion too must be brought to boar upon the fountain head of political power. It must he prompt and active to condemn corruption n the Legislature; for if your legislature is affected you must expect your executive and judicial departments will, at no long interval, be affected also. This is no fancied danger, when we consider the state of other democratic countries, when we look at America, and even at some of the neighboring Colonies. Let ua secure purity at the fountain head; without which it is vain to expect it in the derivative streams. Once admit corruption there, and depend upon it there will be an end of all good government. As yet, I am happy to say we are safe, and there is very little four of peculation in subordinate offices being tolerated. While thus commenting on these cases, and while pointing out the necessity for a stern administration of the law, I should rejoice, and I am sure there is not a man in the community but would rejoice, to see these charges successfully rebutted. It would spare us the pain of witnessing the infliction of punishment upon those with whom, perhaps, we have been on terms of intimacy,—of friendship j and it would free the community from a great social scandal. So, while unrelentingly we should punish the guilty, we should especially rejoice not at the failure of the law, not at a verdict of " Not proven," hut a merited verdict of " Not guilty." But feeling, one way or the other, must not be allowed to influence the determination of the issues (feelings in an English court of justice are banished altogether) ; we simply have to apply our understandings to the best of our ability to the consideration of the evidence.

There are three cases on the calendar of attempts at suicide ; a misdemeanor. I regret to see so many charges, and hope it may not be going to become, as is possible, a fashion in the place. This class of crime began here two or three sessions ago, and the cases were leniently dealt with. They are cases where the severity of Courts of Justice does not avail. What can we do to those whom even the utmost punishment of the law does not appal ? Death for them has no terrors, and it is an ineffective remedy where persons have been impelled to self-destruction by too keen a sense of the miseries of life, and too weak a trust in the Providence of God, to herd them in gaol among criminals debased and hardened. Such a discipline seems unlikely to encourage them to face courageously the ills of life. Here again a sound state of public opinion is a great safeguard. The frequency of these attempts at self-murder is a matter for deep reflection. I put it to you, I have asked myself, whether these cases indicate any special evil in our existing state of society. That, I think, is doubtful. It may be that these case 3 arise from ordinary causes, and may be attributed to a Biidden access of angsr; to reaction, consequent on sensuai excesses; to disappointed passion ; or, to an overlively sense of the cares and miseries of life. But, though I have said it is doubtful, it h?s occurred to me that there are some thing 3in our social state which may specially conduce to these attempts. You must feel, we must all feel, that in the hurry-scurry life upon a goldfield there is an extra amount of wear and tear, and there is a sad want of relief in the shape of real social enjoyment. There are always too many opportunities for the gratification of the lower appetites, but the deficiency is in the opportunities for the gratification of higher tastes and feelings. Many of you must feel this; must feel that life is slipping through your fingers before you begin to live. We have here a sort of camp life, and cannot expect to find those provisions, noble public build-, ing, libraries, museums, parks, and other appliances, for innocent recreation which are to be found at the great centres of civilisation. lam not, while saving this, unmindful of what has been done in this direction. I see that efforts have been, and are being made by you ; efforts, which under the circumstances are highly praiseworthy. But I put it to you, as leading citizens, could you not redouble y.our efforts in that direction ? I put it to you that if we do not ' enjoy our lives now, we shall find that we are unable to do so when we would. When we have made our "pile," we shall be past enjoying it, and it would be well for us if we thought a little less of making a " pile," a little more of using it. I repeat, that in saying this, I am not blind to the efforts which have been and are being made; but these cases may indicate the necessity of increased action, and that action I would urge upon you. Take the case of a woman, for instance, a woman whose life is passed behind a bar, handing tumblers of grog to half drunken men. What true enjoyment of life can she have; what a life her's must be, and is it not almost a sign of her sanity that she tries to end it? Ido not now speak of that class of unfortunates who minister to the lowest appetites. These, in all countries, we must expect to find, from time to time, seeking in suicide a termination of their mental and physical misery and degradation ; but I refer to a large number of other women, who are condemned by circumstances to a life of unremitting toil, bringing them into constant contact with the lowest side of human nature. And, it may bo, th?,fc opening out the sources of rational enjoyment would save a few such from these rash attempts. When I say that there are three cases of aggravated assault, I have almost exhausted the calendar. In these cases the victims may be said to be almost to blame. In all three cases the circumstances are such as do not occur to people who lead a quiet and virtuous life ; it is only in low life—in the haunts of vice and crime—such cases occur. There are no cassa where violent hands have been laid upon peaceable, unoffending citizens, but the charges have arisen .solely through dissipation) drunkenness, and vice. There is one case remaining on the calendai', but I think it better to refrain from making any observations upon it at this stage, Perhaps the observations *

that I would have made 'may occur to you on your hearing the evidence. I have given you a few of the suggestions brought to my mind upon a perusal of the calendar, and in doing so, have gone beyond what is needful for the mere transaction of the business of the Court. It has been, however, the custom for the Judges to enlarge in their addresses to the Grand Jury upon topics of social interest suggested, by the business of the Circuit, and the custom is not, perhaps, wholly without utility. Thus it is that I have ventured to lay before you, as leading citizens, these considerations, as persona likely to exercise a beneficial influence in the direction I have indicated. The following are the results of the most important trials: — EMBEZZLEMENT. George Winter, late County Treasurer, pleaded guilty to a charge of embezzlement, and was sentenced to three years' penal servitude. ANOTHER OASE OP EMBEZZLEMENT. Hverard Whiting Jones, late Curator of Intestate i Estates, with embezzlement, but pleaded a contra account against the Government, and was discharged. ROBBING- N. EDWARDS AND CO. Alexander Johnstone was arraigned upon an indictment, charging him with having at Greymoutla, on the sth February last, and divers other days, embezzled various sums of money, the property of his employers, George Bennett and another. The prisoner pleaded guilty, and was sentenced to two years' imprisonment with hard labor. FRAUDULENT BANKRUPT. William Gledhill was indicted for having, -within two months before his adjudication as a bankrupt wilfully concealed certain quantities of tobacco and spirits, with the intention to defraud his creditors, at Greymouth. The prisoner pleaded not guilty, and was defended by Mr. Rees. He was found guilty, and sentenced to one year's imprisonment. ATTEMPTS AT SEU? MUBDEB. Fanny Taptscotl was indicted for having, at Greymouth, attempted to take her own life, by throwing herself into the river. The prisoner pleaded guilty. She stated she was nineteen years of age, and {had nothing to say except that she was very sorry. She was sentenced to three months' imprisonment with hard labor. Elizabeth Hastings was charged with feloniously and unlawfully attempting to drown herself in the surf at Hokitika on the 4th September, was found guilty, and sentenced to be imprisoned until the rising of the Court, and that, she be discharged on her husband entering into recognisances in the sum of £500 for her good behaviour f jr the next 12 months. Mien Har bridge was charged with attempting to commit suicide, and pleaded guilty. The prisoner's husband entered into his own recognisances in the sum of £200 for her good behaviour, she being detained until the bond was completed.