SUPREME COURT.

Globe, Volume V, Issue 559, 3 April 1876, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. Monday, April 3. The criminal session of the Supreme Court opened at 10 a.m. this day. The following gentlemen were sworn as the GRAND JURY. Messrs A. Lean (foreman), James Henderson, C. R. Blakiston, B. S, Harley, E. Parkerson, 0. Cuff, Geo. Mackay, J. M. Heywood, A, B. Bain, W. Blake, J, Beswick, L. E. Nathan, H. B, Huddleston. J, Strangman, D. Caro, F, A. Bishop, P. B. Boulton, H, J. Ainger, J. Beaumont, W. R. Brown, J. Inglis, and A. Garrick. HIS HONOR’S CHARGE. His Honor then proceeded to address the Grand Jury. He said that he thought there were very few topics of a general ch iracter to which he need allude on that occasion. He was glad to see an intimation in the papers of that morning, appearing that the Executive of the colony, taking advantage of the provision recently made by the Legislature, had already entered upon an important work in a direction to which they had all been looking for some time past, viz, the improvement of prison discipline. It seemed that steps had already been taken since the establishment of the mark sys em for the foundation of a central penal establishment, at least a temporary one, to abrorb and properly use the labour of the serious criminals in the country, and so relieve the local gaols of the presence of persons who must be, saying the least of it, very dangerous neighbours for the ordinary class of criminals. This was an important and necessary step in the right direction, and there was no doubt that with the Legislative and Executive Governments working together to obtain that desirable end, they would ere long have a system of penal administration not so far behind the general civilisation of the world as the system in the colony had been, he was sorry to say, up to a very recent period. There were one or two topics more or less connected with the administration of justice on which he would find a more opportune occasion than the present to express his views ; but there was one matter connected, though not directly, with the administration of justice to which, as a matter affecting the interests of the community, he would desire to draw their attention. This was with reference to the conduct and management of lunatic asylums. They would agree with him that this was a question of great social importance. He had visited with considerable, indeed he might say unmixed satisfaction, the lunatic asylum in Christchurch. The new portions of the building promised everything that was desirable for the physical comfort and convenience of those who were sent there for curative treatment, while the other portions of the asylum were such as must be condemned by any person acquainted with the requirements of such an establishment, and he only hoped that a strong effort would be made to make the whole establishment, in respect to its physical appliances, equal to the new portion of the building, as already occupied. Regarding the the treatment of criminal lunatics he had not much to say at the present time. Another and more convenient opportunity might be afforded to him to express his views upon the subject, as he thought it was desirable that a Judge, who had had considerable experience with regard (o such matters, should take an opportunity of calling the attention of such influential bodies as Grand Juries were to these subjects, for the purpose of forming public opinion and leading to legislation where necessary. There was another matter which had unfortunately become too notorious in all parts of the colony, viz,, the prevalence of drunkenness not merely amongst the criminal classes, but amongst that class of the community which is not criminal. The Legislature some years back had attempted to give facilities for the curing of habitual inebriates, if such a cure were practicable. In the discharge of his official duties it had been his duty to examine not only as to the effect of the existing legislation upon this subject, but also as to the practical manner in which the system had been or could be carried dut. Without finding fault with the Legislature or the Executive Government, or the manager of

the establishment, he was desirous of calling public attention to what seemed to him to be a radical defect in the existing system. He was sorry to say that it constantly happened when application was made by a family for the seclusion of one of its member, the period in their career of disease, if he might so call it, at which they had arrived, was such that a radical cure seemed quite hopeless. It seemed to him, therefore, that anything in the way of treatment pretending to be curative, was quite out of the question. With regard to a considerable class of cases which might be put in the category of curable, it seemed to him—and here he might say that he had offered his opinions, as he trusted he should always do from that place—after grave consideration and examination, and with a perfect respect for the opinions of persons who had other means of judging ; but it seemed to him utterly hopeless to attempt to make this curable system really effective under the existing law and practice of lunatic asylums, because the opinion of scientific and medical men went to show that in order to make any treatment of a confirmed inebriate useful, wholesome employment to both body and mind was imperative to be found. As a matter of fact, this was not the case. It was true that, at the discretion of the patient, wholesome employment, &c, to the body is afforded in the way of exercise and so forth; but inasmuch as under the existing system there was no power to make them work, or do anything but what they chose during the period of seclusion, the whole system really amounted to this—that they were physically prevented from getting at intoxicating liquors, and giving them an opportunity of improving their health by good air and good food to eat. But beyond this, they wanted something more, as he found that it was the experience not only in this but in other establishments of the colony that these people were the most troublesome patients to be found, and until some power is given to make them work no real advantage could be hoped to be gained in respect to those who were supposed to be curable. Those things had come under his observation, and as this was a legitimate opportunity, he thought it desirable that he should call the attention of the Grand Jury to the system that now exists in order that public opinion might be formed in regard to it, and such legislation carried out as would rid the system of its glaring deficiencies. His Honor then proceeded at some length to comment on the salient points of the cases in the calendar. BIG AMT. Arthur Edward Upjohn was indicted for having feloniously, on the 30th September, 1871, at Christchurch, intermarried with Ellen Welch, his wife Bessy Josephine Upjohn being then alive. The prisoner who was undefended pleaded “ Guilty.” Ellen Welch was placed in the box and spoke as to the kindly manner in which the prisoner had treated her during the year and a half they had lived together, She had not instituted the prosecution, nor had any wish for it being done. The prisoner stated that his wife was a bad character, and that he had forwarded an order to her to receive the proceeds of some cattle, but it was found that she had left and could not be found. His Honor commented on the way in which the prosecution had been got up by the police, without, as it at present appeared, the parties concerned moving in it. A vigilant and effective police force were a very good thing for a locality, but it was quite a different thing when there was a meddlesome one. Mr Duncan explained that a warrant had been issued from Dunedin for the arrest of the prisoner for wife desertion, and that on being brought up the graver charge was discovered. His Honor said that he hoped the observations he had made would not be construed into meaning that it was not the duty of the police to search out crime, but that it was not their duty to ferret out cases of this kind unless information had been given to them. His Honor then sentenced the prisoner to six months’ imprisonment. LARCENY FEOM A DWELLING. Janet McKinlay was indicted for having stolen a watch from the dwelling of Thongs Townsend, on the Ferry road. ' The prisoner, who was undefended, pleaded “Guilty.” Mrs Townsend was called, and, in answer to questions from his Honor, stated that the prisoner had come into her service from the hospital, and that up to the period referred to her character had been exceedingly good. She did not wish to press the charge against her, as she believed that the prisoner had taken the watch not with any felonious intent, but to convert it into money for drink, to which unhappily she had latterly become addicted. She would gladly receive her back again, and look after her. His Honor, after speaking in terms of high eulogium of the kindness of Mrs Townsend, sentenced the prisoner to be imprisoned until the rising of the Court. INDECENT ASSAULT. William Foote was indicted for haring, ou the 20th February, indecently assaulted one Emma Allnutt, on the Riccarton road. The prisoner, who was undefended, pleaded “Not Guilty,” The evidence of the prosecutor and others having been taken, The jury returned a verdict of Guilty. His Honor sentenced the prisoner to six months’ imprisonment, VIOLENT ASSAULT. James Bassingwaite was indicted for having, on the February, violently assaulted one William Russell, and maliciously and unlawfully wounding the said Wra. Bupscll. Mr Duncan prosecuted on behalf of the Crown. Mr Joynt appeared for the defendant, who pleaded “Not Guilty.” The facts of the case, as stated by tho Crown, were that on the date mentioned the prosecutor, who was under the influence of drink; was in the hotel kept by the defendant in the evening, and was put opt of the hotel by a man named Ogden, with whom he had a fight. Prosecutor returned to the hotel after this, and followed Mrs Bassingthwaita about, ultimately pushing the door of the kitchen open. The latter called her husband and told him there was a man breaking the doors. He got a ’whip, and in the meanwhile Bussell had got into the bar parlour, where he was laying on the floor kicking at the door; Defendant went in with the whip and struck Russell two blows on the head, telling him he would learn him to break hig door open. The case was proceeding when we went to press. .