FALSE DECLARATION.

Gisborne Times, Volume XXIII, Issue 1835, 16 August 1906, Page 4

FALSE DECLARATION.

AN A('CI'SED’S HIGHT TO I'LEAI ouii/rv.

After the licariug of the evideireo at Napier in the eharge against George White that on June 2(ith, 1900, lie did make a false declaration in writing before J. ('. Wcstall, a solicitor of the Supreme Court of New Zealand, the Magistrate said that in his opinion there was a prima I'aeie ease to send before a jn'.v. The accused, in reply to the usual question, said he really did not sign the declaration moaning it to he false. Hut if he pleaded not guilty it would mean that he would he committed for trial. That would mean two months’ delay, and ho could not bear the suspense. lie was go. ing to plead guilty Mr Corn ford, for the Crown, said he did not think the law contemplated an accused person's saying he would plead guilty in such a way as that.

His Worship did not think it would he right to put down a plea of guilty, when the accused put it in the way he had. The accused : I will withdraw everything and plead guilty.

Mr Cornl'ord said the tiling must be looked at from the public point of view.

The public should not have any occasion to imagine that the accused was to be wrongfully punished because, under pressure, he pleaded guilty. His Worship : There is no pressure.

Mr Cornl’ord : The accused in effect says lie wants to get rid of this thing without delay, and that sooner than wait and stand his trial lie will plead guilty. His Worship ; I suppose the real fact, from what the accused says, is that lie really is guilty, but that lie wishes this statement lie has made to be put in and read, so that the judge may have some doubt about his guilt Mr Cornl'ord said there was an old pro-

verb that be who alleged contrary things was not to bo hearth The accused had alleged contrary things His Worship said lie could not let the accused go. lie must commit him either for trial or for sentence. What was the court to believe V

The accused said lie had pleaded guiltv —guilty absolutely. Ilis Worship : What is the court to understand by your pleading guilty, seeing that a few minutes ago you said you were not guilty 7 The accused : [ mean that I am guilty. 1 did not understand the forms of the court.

Mr Cornford : It is not a question o forms of the court ; it is a question o; truth.

The accused, in reply to the magistrate, said : i am really guilty. His’Worship : Do you say that what you sain just now is not true 2 Your statement and your plea cannot both be true.

The accused : What I said before is noi true.

His Worship : Mr Comfonl has suggested that you might take ti little time to consider the matter. Would you like to do that 2

The accused : No, your Worship ; I would like to get the matter settled now. Would you not like to take time to con--sider 2 No, your Worship, And you assert again that you are guilty 2- Yes. llis Worship : Well, J. don't think I can go any further. Mr Corn ford said to accept a plea of guilty iu these circumstances, without giving the accused ample time to consider the matter would be quite contrary to the spirit of English justice and to tho tenor of our legislation. If the accused were to withdraw that statement in one minute, ha (Mr Cornforcl) might almost feel himself that he was personally responsible for tho aceusod’s pleading guilty under pressure.

His Worship said ha had had accused men before ploading guilty hurriedly before him, heciuso they “wished to go down and got tho matter over.”

Mr Oornford said the aoeused in this case had aggravated tho mat-or seriously He had made a statement solemnly and deliberately, aid ho ought to feel that it was a ihing whioh demanded the mo3t careful consideration a 3 to the way in whioh it was to be treated.

Tho matter wa3 dTarced until yester day moroiog, whoa tie plea was ac espied.

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