JUDGES' CHARGES TO GRAND JURIES.

New Zealand Times, Volume XXIX, Issue 4153, 13 July 1874, Page 3

JUDGES' CHARGES TO GRAND JURIES.

THE CHIEF JUSTICE ON CRIME ORIGINATING IN DRINK. In addressing the Grand Jury at Auckland, His Honor the Chief Justice said : —lf I were to pass over the charges in silence, it might appear that this Court was not desirous of noticing the prevalence of those two vicious habits which are indulged in by a certain class of the community, vices which, I regret to say, are fast making England a bye-word and a reproach amongst nations I mean drunkenness and immorality. There will be one case brought up for your consideration, for an unnatural offence, which was tried at the Supreme Court last session, and in which an application was then made for a new trial; the appeal being based upon'the plea which is so commonly accepted by jurymen, and which is so often pleaded in extenuation—that the man charged with the offence was more or less under the influence of liquor at the time of committal of the crime. There will also be a charge of a frightful nature—an offence which I will not name, and the defence in that case turns also on the fact that the prisoner was more or less under the influence of liquor at the time. I shall make no further reference to these cases, but I will briefly notice the charge preferred against two men for murder ; whatever verdict which may be arrived at in this case it is certain that most frightful cruelty was perpetrated on an inoffensive man, and it would appear that the crime originated in drink, and that at the time of the alleged offence the prisoners were under its influence. I say that it is useless for the .law to lay it down that there is no excuse for crime in the mere fact of the perpetrator being intoxicated at the time, and for the Judges to say that it constitutes no diminution in the gravity of the offence, so long as juries will accept the plea. So long as the law only prohibits drunkenness, and does not prevent it, so long as magistrates are compelled to deal with charges which came before them arising out of drink, by meting out very lenient punishments, and so long as jurymen sitting in the Supreme Court consent to accept such a plea as drunkenness as an extenuation, and shelter themselves from giving an honest verdict, simply because the person who committed the offence was drunk, so long as that is the case the law is powerless to diminish the crime of drunkenness. As to what might be done in the way of punishment for drunkenness it has always appeared to me that very little can be done by those who administer the law, until some scheme is adopted that will compel those undergoing their imprisonment not only to earn their own bread in gaol, but to contribute to the support of their wives and families, who are in nearly every such case left completely destitute, and a burden on the public charity during the time the man is completing his sentence. There is another case against a man under the influence of drink (more or less) in which I have no doubt great violence was committed on the person of another man, which will claim your attention. I have been in the habit of reading the reports of cases tried in London, and other parts of England, before the magistrates, and the learned Judges, and they show to me that the worst results of drink in England are on the increase instead of diminishing. I would impress upon you, gentlemen of the Grand Jury, that this subject is well worthy of your attention as well as that of the Legislature of the country. I will not detain you for a length of time, by reading you a homily as to what means should be taken, or what done, to remedy this growing vice, because that has been done often before by persons outside, and perhaps more ably than I could. I should only be repeating the arguments used over and over again. My only object on this occasion is to bring prominently this subject under your immediate notice, as a corrective on your part, as well as on the part of the Legislature, to conduce to the diminishing of drunkenness itself. JUDGE GRESSON ON ASYLUMS FOR DIPSOMANIACS. At the opening of the criminal sittings of the Supreme Court, Christchurch, His Honor Mr. Justice Gresson made the following reference to the Asylum treatment of inebriates :—Gentlemen, you are aware that under the 21st section of the Lunatics Act of 1868, the Judges of the Supreme Court have the power of sending to an asylum for curative treatment, persons who are either confirmed drunkards, or who are from the excessive use of intoxicating liquors wasting their substance and neglecting to support their families. Since tho Act has come into operation, and more especially since a separate establishment for inebriates has been formed at Sunnyside Asylum, several persons have been sent there for curative treatment. The results upon tho whole are in my opinion not discouraging ; but I believe that the treatment would bo found much more effectual if some power were given of compelling tho persons under treatment to engago in some occupation suited to tliexr previous habits and ability. It generally happens that they recover in a great measure their mental and bodily health after they have been kept for a short time from intoxicating

drink, and it is felt by Mr. Seager, the superintendent, and by others who have an opportunity of observing the working of the institution, that the complete idleness in which the inebriates are almost compelled by circumstances to pass their time, operates prejudicially, both as regards their own improvement and the disipline of the institution. I do not apprehend that the evil could be effectually remedied without the aid of the legislature, but such aid might easily be obtained, now that the General Assembly is in session. I avail myself of this opportunity of mentioning the subject, in the hope that some member of the legislature may think it of sufficient importance to bring before Parliament. Ido not mean that the inebriates should be subjected to " hard labor." But, as the Legislature has thought fit to deprive them temporarily of their liberty, that it should impose a further obligation calculated to promote their cure, by compelling them to engage in such occupations as might be suited to their health and antecedents. The Lunatics Act, 1868, _ requires amendment in other respects. There is greater reason, therefore, for endeavoring to make it more effective for the removal of an evil that is doing more than anything else to retard the progress of the Colony physically, as well as morally. ____