JUDGE RETIRES.

Press, Volume LXIII, Issue 19137, 21 October 1927, Page 10

JUDGE RETIRES.

" THE QUALITY OF MERCY." MR JUSTICE STRINGER JUSTIFIES LENIENCY. [THE FKESS Special SerTfct ] WELLINGTON, October 20. The Auckland Supreme Court was the scene of a memorable gathering to-day, when members of the legal profession assembled to bid farewell to Mr. Justice Stringer, on his impending retirement from the Bench. The main courtroom was crowded. The Bar's farewell to one of its best loved Judges was voiced by Mr J. B. Johnston, president of the Auckland Law Society. He said: "The members of the profession are gathered here tins morning to meet your Honour in what wo cannot regard in any sense as a happv occasion. We have learned that after" a period of years here your Honour is to retire from the Bench, and we have assembled to say good-bye. At the same' time we wish to express our regret that the time for the termination of your office has arrived, and to pav a tribute to the valuable services you have rendered to the community during the period in which you have held the position of Judge of this Court, and in the faithful discharge of the important duties involved in that high office." His Honour was deeply moved by the sine rity and warmth of tho sentiments which Mr Johnston had expressed. Speaking more slowly than is his wont, but with all his accustomed clarity of diction, he said: "I find it difficult to express mv great thanks for the words which have fallen from you. It is very gratifying to me, these expressions of regard which have come from you at the time of my approaching official demise and I appreciate most highly the generous—far too generous, I fear—appraisement of my services. If I am correct I may take it from what has been said, that although I am now within a few days of the retiring age for a Judge, it is your opinion—and after all you are the persons best able to judge—that I have not lagged superfluous on the judicial stage and that I still am capable of performing the duties of my high office satisfactorily and with my faculties, such as they are, unimpaired. "You have been good enough to refer to the humanity of my administration of criminal law. I have always had before me those words of Portia that in the strict way of justice none of us would win Nation. We all pray for mercy, and that same prayer should teach us to render it to others. In my experience of the criminal law I think that in a very great number of cases offenders are more sinned against than sinning. They ar.<j, often the victims of a great many circumstances —heredity, environment, and lack of proper supervision. Excessive indulgence in liquor and other causes all lead to crime, and social conditions are to somo extent responsible for some of these cases.

"I have heard it said on occasions that I have been disposed to too great leniency, and whilst I think that is not true, so far as those who have heen guilty of crimes of violence are concerned, in regard to a certain class of case it probably may be true, but I .think that leniency has been shown to pay. I have just received the annual report from the Prk ns.Department and I find that in the administration of the Probation Act, something like £35,000 Jias been restored - by probationers to the persons defrauded and that something like 7000 young 'riople have been saved from the experiences and contaminating influences of gaol life. It is also stated that more than half a million of money has been save'd to the State by the fact that it has not been necessary to maintain thoge persons. "With regard to the results of the Borstal system the report shows that out of 214 of the inmates of the institution (I mean 214 who have been released after serving a term of detention) only four have relapsed, into crime. I think if leniency requires justification it may well be found in those figures, and I think the experience of the Borstal Institute goes to show that many young j>eople drift into crime for lack "of that care, supervision, and control which they ought to find at home, because one finds that witheut that care ■and supervision .there is such an exceedingly small proportion who do not make good. "Gentlemen, when I took the judicial oath fourteen years ago, I undertook the obligation of doing right to all manner of people according to the laws of the land, without fear or favour, affection or illwill, and I have used my best endeavours to live up to that standard. The very gracious and generous words that you have used to-day lead me to believe that I have, to some extent, carried out these obligations satisfactorily. I hope, gentlemen, that at no very distant date the vacancy created by my retirement may be filled by one of your own members, and I say to him that if such prove to he the case ho will find that his colleagues on 'he Bench will do to him as they did to mo, that is, give him tho benefit pi their,advice, knowledge, and experience. Gentlemen, I will say no more. I wish you all farewell. I hope that although I may cease to be a Judge I may continue to be a member of the legal profession. I shall always take the utmost interest in your welfare, and I wish you every happiness and prosperity."