CORKILL SENTENCED.

Dominion, Volume 3, Issue 829, 30 May 1910, Page 9

CORKILL SENTENCED.

A SHORT TERM

JURY'S RIDER AS TO AGE, INFIRMITY AND CONDUCT.

REMARKS OF CHIEF JUSTICE.

The bailiff, Robert Corkill, who was found guilty of manslaughter 011 Monday last, in connection with tho shooting of Christopher Denis Smith in Pipitea Street, Thorndon, on March 4, was brought up for sentence on Saturday morning. His Mr. Wilford, when theprisoner was asked if ho had anything to say, remarked that tho recommendation of tho jury exactly .."hit the nail oil", tho head" as far as Corkill's action was concerned. Tho jury had made a very strong . recommendation for mercy, on the ground of the prisoner's age and frailty, and on the ground of provocation. 'J'fiev had added also that, though Corkill firmly believed that his lito was in danger, such a belief was not justifiable. The case showed, above all else, that the carrying of firearms was a serious mat-tor, but' hero was a man whose nature was as as that of a child, and whoso characLei was beyond reproach. He was 68 years of age, -and had lived for 40 years in Now Zealand, without having once appeared beforo a court. Surely a record .like, that must .count for something oil an'occasion such as the present, iho caso - had proved that he had been threatened with death, that, physically, ho was unablo to retaliate,' that he-was. partially "deaf, and partially blind. These circumstances also must weigh ill his favour. The Chief Justice (Sir Robert Stout), in passing sentence, said that lio had paid-attention to tho recommendation of the jury, and had considered the ca.se- carefully- since the jury had returned a vordict of "guilty." His Honour had inquired of the gaoler regarding Corkill, who, he was informed, was in a wealc state of health. The gaoler also said that he could not walk any distance without having to stop becauso of shortness of breath. His Honour. believed that, if he sentenced Corkill to any long term of imprisonment, he would be sending him to prison to die, and he would, therefore, be lenient. For the benefit chiefly of others who wero carrying on the business of bailiff, he would point out that it. was wrong to carry ' firearms. If anybody directly or indirectly attempted or threatened,' by any act or gesture,to apply force to a. bailiff, he was guiltj\of assault-. -Ho.did not require to strike at all; a- person would be found guilty of assault if he merely threatened, and the courts'would inflict punishment upon anyone found iohavo bo acted towards a bailiff. It was a popular, notion that, aii assault was committed only when a blow was given but this was not so. Any threat to apply force, was an assault. Perhaps, it Corkill had known that, he would not harp armed himself, and, if he had not carried the revolver, this trouble would', not have arisen. However, ho chose to arm' liimsolf, and. ho did wrong. His Honour would inllict a nominal penalty, and he hoped that this would not be regarded by the community as .an indication that the courts had not sufficient horror of any act which involved the taking of human life. It was because of Corkill's age, because of his good conduct, becaupo of tho strong recommendation of tho jury, and because of tho fact that, ho 'was in weak health, and could not expect long to live, that ho would bs sentenced only to r-ix months', imprisonment, in . Wellington Gaol. Onaccount of his poor r-tato of health, ho would not bo put to hard labour.,