POWELKA'S SENTENCE

Dominion, Volume 3, Issue 851, 24 June 1910, Page 6

POWELKA'S SENTENCE

AGITATION FOR REDUCTION. DEPUTATION TO MAYOR. A deputation, introduced by Mr. W. M'Lean waited on tho Mayor yesterday, to ask if it was possible to obtain the use of the Town Hall or Concert Chamber for a public meeting to be held in furtherance of the movement to obtain a reduction of tho sentence passed upon Po.velka. . Hr. M'Lean stated that while ther*" was no desire to attack tho sentence of Mr. Justice Cooper, which the judge doubtless thought to be in accordance with the law, and with the evidence before him, yet the higher jury, the people, considered that tho sentence oi' twenty-one years' imprisonment .was unduly severe. Ninety-five 'per cent, of" the people who had been approached were of that opinion, and the committee set up for the purpose had already obtained more than a thousand signatures to petitions for reduction of the sentence. The committee thought that something should bo done to ascertain Powelka had been in a sound mental condition at the time of. his escape; and what ell'cct the pursuit and excitement might have had upon his.mental, faculties. The deputation thought that, as a matter of humanitarianism, the sentence might bo reviewed, or that the prisoner might bo examined by an index>endent medical board. I Dr. Borghetti and Mr. Jainieson also spoke. The former questioned whether Powclka's mental condition was not a very serious factor in regard to all his crimes.

The Mayor replied that the Concert Hall could not be granted free of charge. If 110 charge was made for admission, the fee for the hall would bo «£3 35.; if admission was not free, it would bo .£5. He went on to say: "In rcßard to your representations regarding the Powelka petition, I frankfy admit that I was astonished at tho ; sentence'. But 1 know Mr. Justice Cooper very well. There is no man more humane, with a kinder heart, and with a more generous instinct than that same learned judge. I, therefore, asked myself tho question: How does it come about that a judge, who has all. thoso attribute, imposes a sentence jvhich astonishes me au eighteen years' acquaintance with criminal law? The answei (to myself) is that Mr. "Justice Cooper, must have had something before him which I have not. Then I recollected that Powelka pleaded guilty to some charges, and, knowing tho procedure, I realised that the learned judge tlieu called for the police reports before inflicting sentence. I - also knew that such police are shown y to prisoners who plead guilty, in order that they might have an opportunity to refutu tho statements. What < did those reports coutain? What material had the judge before him?" The deputation admitted .that they had no information on that point. • .The Mayor explained. that the police reports would not be published in the newspapers. Personally, he had not the material upon which to form an opinion, and so make an emphatic statement. He had been astonished by the sentence, but lie had seen, a man receive a life sentence for one offence. His mind was opeii and he "was ready to be convinced on the subject, but no new information had been given him. # w "There is one other serious matter, tho Mayor said; "to be considered. Our judiciary stands to-day unassailable. No act of corruption or personal prejudice, can influence, or . has influenced, its decisions. And we must guard it from any suggestion of outside interference in any way." If the slightest • attempt to_-in-terfere with the course of justice became a recognised right, tho position held would be debarred, and only evil could follow. 'Judges were like other men. They would be the last to deny that mistakes had been made by them. "But fancy the position of Mr. Jusr tice Cooper to-day,"' said Mr. Wilford. -"He has been attacked on all sides, and he must remain silent. Has he a justification for what he has done? I cannot ask him. Mi ho lias not, then we have before us a savage sentence by an admittedly humane, upright, and honest judge." The deputation thanked the Mayor and withdrew.