SUPREME COURT.

Globe, Volume IV, Issue 409, 4 October 1875, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. Monday, October 4. (Before his Honor Mr Justice Johnston.) The quarterly session of the Supreme Court opened at II a.m. this day, at which hour his Honour took his seat on the Bench. The following gentlemen were sworn aa the grand jury. „ Messrs L. E. Nathan, J. T. Matson, H. B. Huddleston, J. Birch, J. 11. Hill. Walter Blake, W. H. Lane, John Brabazon, J. V. Colborue-Veel, Thos. J. Maling, S. Stuckey, William Townsend, H. E. Alport, J. Shand, W. H. Pilliet, G. D. Lockhart, F. A. Bishop, T. D, Triphook, and Sir M. lelHeming. Mr Josiah Birch was chosen foreman of the Grand Jury. His Honour proceeded to deliver the following charge. " Mr Foreman and gentlemen,—The reason why I have not before this time addressed a grand jury in this place, since the judicial district, within which you are called upon to discharge your important functions, was specially assigned to me, is doubtless well known. To the change'in the Supreme Court of the colony, which have brought me here, I shall make but one allusion ; and that is for the purpose of expressing a hope that during the time I may occupy this seat. I may be able so far to follow the example of that most upright and excellent judge and gentleman who for a long series of years represented the Court in this district, as to earn, in some degree, the respect, gratitude, and sympathy from its inhabitants, such as now'accornpany him into his honorable retirement, and which I trust will continue to cheer him through many happy and useful years to come.

" I am not prepared to offer you congratulation upon the condition of the Colony in general or of your district in particular, aa regards the amount of crime or the manner in which it is prosecuted and punished, though I am glad to acknowledge symptoms of a growing appreciation of the importance of these subjects, aud of the responsibilities both of the Legislature and of the Executive Government in respect of them.

" No doubt the judges of the colony have been able to make the gratifying announcement that, a 9 far as their experience has hitherto gone, there is no reason for believing that the impetus recently given to immigration has resulted in the introduction of any formidable criminal elements ; but there seem to te no grounds for assuming that the new arrivals aie in this respect superior to the general mass of the population. " We have unquestionably good reason to be hopeful for the future of- the colony in respect of the general character and composition of our population, but I am nevertheless ; f oid, that although we might fairly suppose a priori, that with such a population, aud with the ampl« means and remunerative rates of employment, which exist among us, the temptations to the commission of crime must be far fewer than in the mother country. Still actual experience proves that the proportion of convicted criminals to the population in the colony, will not contrast favourably with that of the mother country, as has sometimes been assumed. The proportion of convictions in the province during the past year to the population, is considerably in excess of the English proportion during a series of years. There may be special reasons to account for this fact; and I would deprecate any hasty inference being drawn from it. But it is not to be forgotten that the comparative efficiency of the police in different districts has much to do with the lelative number of convictions. " There seems to be little doubt that while some classes of property are much less liable to depredations, and some crimes are much less frequent in the colony than in the mother country ; there are others with re» spect to which there are stronger and more frequently recurriug temptations to the evildisposed amoug us. I may point especially to the forgery and uttering of cheques and orders for money, and to horse stealing. The former of these offences is certainly the special characteristic offence of the colony. No doubt the circumstances of our community make the use of written securities and orders for money convenient, if not necessary in a class of life to which such documents are all but unknown in Europe ; but still we find that such grossly careless thoughtless conduct (sometimes actually suggestive of crime) of publicans and tradesmen in receiving and giving value for instruments of that kind to persons previously unknown to them, is constantly proved at the Criminal Sittings throughout the colony, as hardly could be credited without actual experience. I rather think that one case, at least, in to-day's calendar, may illustrate my observation. " I have already alluded to measures passed by the Legislature, aud to the administration initiated by the Executive Government respecting the reformation of our penal system. But the passing of Acts, and the issuing of rules, however excellent and well directed, can, in themselves, be of but little avail, till the physical means for carrying them out have been provided, and there oan be no doubt that it will be simply impossible to obey the law and comply with the rules now in force, especially as regards the" all important matter of classification, till one or more general penal establishments have been constructed, and the existing gaols of the colony have been rearranged for the purposes of the contemplated system.

" And, unquestionably, the due development of the system, the necessity for which has been affirmed, will require a great effort and a large expenditure, for which the colony—at the risk of peril to its most vital interests —must speedily prepare itself. " The existence, in the meantime, of laws and rules which cannot he enforced, is of itself, in one aspect, an evil, though perhaps an unavoidable one ; but it is to be hoped that during the interval which may elapse before proper establishments can be secured, •ill persons in authority will endeavour to act, <s far as ciroum'-tances will permit, in the spirit and according to the principles upon which the system is founded. •' I believe it may now be safely asserted that after a sei ies of discouraging failures in

well-meant endeavours to improve penal Systems among the civilised iia«i,iu«of the world, results have at leugi.h been arrived nt which ought to yield much encouragement and confidence to young communities —the germs of future nations —in the great social effort towards the diminishing of crime, nnd the returning of criminals to society as useful citizens. 1 believe that in the ten yeais from 18f»3 to 1873, during which the modern penal system was at work in England, there was, in the face of a considerable increase of population, a decrease of nearly one-lhird in the actual numbers of criminal convictions : while in the same period the attendance of children at inspected schools had nearly doubled.

"I think there can be little doubt that this remarkable diminution in crime may fairly be attributed to the united effects of the development of popular education and of a penal system, wise both in its objects and in its methods.

" la concluding these general observations, I would venture to assert that to a people whose personal and proprietary rights, whose political and religious freedom are already BO well secured, as are those of the people of New Zealand, there are no objects to which they can more wisely devote their energies and wealth than education and penal reform. " His Honor then proceeded at some length to remark upon the cases in the calendar, pointing out that though it comprised eighteen cases, yet there was no one case of violence, the whole being fraud in its various phases. HORSE STEALING. George Fleet was iudieted for having, on the 11th August, 1875, stolen one mare, the property of Charles Dunford. The prisoner, who was undefended, pleaded » Guilty." The prisoner was iurther indicted for having, on the 7th April, 1873, been previously convicted of horse stealing. Inspector Feast, of the detective force, proved the conviction of the prisoner. His Honour sentenced the prisoner to six years' penal servitude within the colony. FORGERY. Andrew Cummock, a youth of apparently Bome twelve or fourteen years old, but who said he was seventeen, was indicted for having forged a cheque on the Union Bank of Australia for £9 10s at the shop of Messrs Hobday & Co, Cashel street. His Honour 6aid that the prisoner was too old to be sent to the Reformatory, and he had no power to commit him to it. The sentence would be six months' imprisonment with hard labor. LARCENY AS A BAILEE. Thomas Coyne was indicted for having while bailee of the same, feloniously stolen one mare the property of Captain Frazer. The prisoner applied that the case might stand over until he could communicate with Dr Foster. His Honor granted the application. FORGERY OF A REQUEST. George Barrett was indicted for having, on the 3rd July, 1875, forged a request to one, John Thomson Brown, for the delivery of certain timber; a second count charged the prisoner with feloniously altering the said request. On a point of law raised by his Honor as to the framing of the indictment on the second count, in which it was not expressly charged tbat the prisoner knew the alteration to be a felonious one, Mr Duncan withdrew the indictment, and intimated that he would prefer a fresh bill in the case. The prisoner was then removed to admit the going before the Grand Jury of the new bill. [Left sitting.]