A FLOGGING MAGISTRATE.

South Canterbury Times, Issue 2467, 14 February 1881, Page 4

A FLOGGING MAGISTRATE.

The irrepressible Magistrate Watt of Dunedin has again distinguished himself by sentencing several little boys to imprisonment gaol floggings and a term of years in the Industrial School for stealing a few apples from an orchard. The following account appears in the Otago Daily times of Saturday : The trial before Mr Watt, R.M. at the Police Court yesterday, of five small boys charged with fruit-stealing, led to a most distressing scene, and one that must have shocked not a few of the spectators. The facts will indicate to some extent what transpired, though the anguish caused to the parents can be known only to those who saw the pained expression of their, countenances, and heard their truly piteous pleas for leniency. The facts'of the case were as follow: —Robert Stewart (aged 9), Moses Sennard (10), Thomas Ryan (13), Thomas Duhig (9), J. Kennedy (12), were charged with stealing appples to the value of os, the property of John Eardsley. Moses Sennard, Thomas Ryan, and J. Kennedy pleaded guilty and R. Stewart and Thomas Duhig pleaded not guilty. The parents of the boys were in Court, but the boys were not defended. John Eardsley, a gardner, deposed that his servant had called his attention to the fact that some boys were stealing apples from his garden, and that when he went into the garden he saw them run away into the scrub. He then: went the back wa} r and found the boys who were now charged, walking together on the Queen’s drive. He caught one of them, and from him learnt the names and addresses of the -other boys. He could not say that he had lost a shilling’s worth of fruit. The prosecutor’s servant was called, and said that she saw the three boys who had pleaded guilty in the garden, when she called Mr Eardsley. Sergeant O’Shea was sworn and deposed that he had met the boys on the Queen’s drive, and that they all admitted stealing apples, and to having stolen a large quantity on the previous evening. The boy Kennedy had been already in the Industrial School.

His Worship called upon the parents of the children for what they had to say.

The mother of the boy Duhig who pleaded not guilty said she would look; after her bo} r better in future, but that ho had not been inside the garden at all —that the boy Ryan said so, and he said so himself.

His Worship ; Who says so? Ryan : I do, your Worship. He was on the fence, but he never put a foot in the garden. The mother of the boy Kennedy said that her boy went to school every day, but boys would get together, and she could not look after him always, because she was out nursing every day, her husband not being able to work. His Worship : Kennedy this being your second offence, you are sentenced to six hours’ imprisonment in gaol, to receive 12 stripes,and to be returned to the Industrial School at the end of that terra for a period of three years. The boy’s mother stood up and cried for mercy.

His Worship : Hear me out. I tell you now I do not know whether you can have him licensed out, but if he behaves himself well the master may license him out again in the course of a few mouths ; but he will be liable to be taken to the school again if he misbehaves himself.

The boy’s mother: Oh, dear! oh dear! it will break his father’s heart.

His Worship—Thomas Ryan, you will receive a similar sentence, except that you will be sent to the Industrial School for three years. Ryan’s (mother an elderly woman,evidently in bad health) cried out in bitter anguish that in God’s name the Eench should have mercy. Her husband was away, and the boy, who worked at the Port cleaning boilers, was her only support. The boy had never before taken an apple or been before the Court in his life.

His Worship—l think two or three months in the industrial School will do him good, and by that time you will be able to license him out.

The Mother—He will never be guilty of the like again. He is the only support I have. Have you not a heart, my dear gentleman ? In God’s name let me have the boy; he will behave himself.

His Worship—you said you had a husband.

The Mother —Yes but he is away and I never hear from him. The boy is my support.

His Worship—l cannot help it. If they will misbehave themselves, they must suffer. What religion is he ?

The Mother—Roman Catholic,

His Worship What religion is Kennedy ? I forgot to ask. Roman Catholic ?

Ryan’s mother again essayed to address the Court.

His Worship—That will do. If he behaves himself you can apply to have him released.

His Worship—Robert Stewart, you are younger considerably than the others, and your punishment will be six stripes with the birch rod, six hours’ imprisonment, and then to be sent to the Industrial School for six years on the same terms.

Stewart’s father —Your Worship,the child never has been neglected, and I do not think it is fair to punish a boy who was not in the garden. His Worship—The evidence is that ho was. The Father —There was no one to cross-examine the witnesses. My children are not neglected, and ought not to be sent to the school.

His Worship—What religion is he? The Father—l am a Church of England man. I do not think the sentence is right or just. His Worship—l tell you the sentence is only apparently severe. The Father—The children should be dealt with the same as men, and I say

His Worship—They are dealt with under a special law. I cannot listen to argument—remove him ; I cannot listen to all this argument. The boy's father was then removed from the Court by the constable. His Worship—Moses Sennard (who had pleaded guilty), I think there is some doubt whether you are guilty, and I give you the benefit-of the doubt. If it had not been that you receive the benefit of the doubt I should give you the same punishment. His Worship (to Duhig)—There is no doubt about your being, in the garden along with the others, and you will receive the same sentence —six stripes. The boy’s father here called out—

Worship, lie is under the care of the doctor, suffering from abscess in the groin, and has been in the Hospital. ; His Worship—You had hotter get medical evidence of that. I will remand him till to morrow. | The boy’s father—He was not inside the orchard all. Will you let him come Ijiome with his parents ? ' His Worship—Yes, if you will engage to bring him hero to-morrow, j The Father—We will do that. • llis Worship—lf he is not brought tiere he will be arrested.