SATURDAY, MAY 15th.

Southland Times, Issue 1160, 17 May 1869, Page 3

SATURDAY, MAY 15th.

His Honor took his seat this morning shortly after 10 o'clock. The Court was

crowded to excess. BE GIN A. V. A-TLMER & it'KENZIE. JUDGMENT. The defendants took their place in the dock. Mr Harvey s^id he had decided not to raise any obj^eti m to the deliverance of judgment. ITo would, however, ask leave to mako o few remarks after hearing what course Mr Barton was going to adopt. Mt Barton s;iid he bad concluded to follow the course Mr Harvey had taken. There were some points of law which he might have brought forward, but he thought it best to throw himself simply upon the leniency of the Court. His Honor inquired whether counsel intended to producs anything as to previous character. Mr Harvey said that as far as his client was concerned that had been educed in the evidence. His Honor — Only to the extent that Aylmer had been six years in the Government service. Mr Harvey then said he would call Mr M'Culloch, R.M., who had known Aylmer for a long time. Mr M'Culloch deposed that he had known Aylmer for a considerable number of years, and that during the whole of that time he had borne an excellent character. Mr Barton said he had just sent for two or three witnesses who could speak for his client's past character, and expected them in a minute or two. His Honor said the Court would willingly wait a lew moments, as it was right the defendents should have the benefit of anything which mi^ht be adduced in their favor. After a very short; pause, Mr Barton called "William Bell, contractor, who deposed — I have known M'Kcnzie for about 15 years, and have always considered him an iionorable, straightforward man. J. H. Smith, butcher, sworn, deposed — I have known M'Kenzie since 1852. We were fellow-passengers from England by the steam ship Great Britain in that year. I have always considered him a straightforward, honest, obliging man, and such has been his general character. John Dalgliesb, Manager Bank of Otago, deposed— -I have known M'Kenzie for six years. Never heard a word against him until this unfortunate affair \ turned up. His transactions with me have occasionally been large. I always looked upon him as a straightforward, honest man. That was Irs character in Dunedin. Thos. "Watson, Manager Bank of New Zealand, sworn, deposed — I have known M'Ken7ie, he.c and in Aus^alia, for 12 years. I have had large business transactions 'with him, and +hey- have always been conducted by him to my entire satisfaction. I had every confidence in him as a business man. Mr Harvey said he would not say much, but would urge the Court to pass a very meiciful sentence. He grounded his plea for leniency on the facts that the jury bad very strongly recommended the prisoners to mercy, and that they had, through circumstances which he would not characterize, been subjected to very great temptation. He did not say this should in any way justify them, but thought it should have its weight in passing sentence. He would not for a moment impugn the impartiality of the jury, but would submit that, considering the proceedings in the lower court had beea very fully reported in the local papers, and that a good deal of feeling had prevailed regarding the matter, it was barely possible that any one could , be free from local prejudices, in spite of their bet efforts to deal impartially. He did not doubt for a moment their good faith, but would remind his Honor that the circumstances referred to might have had an influence ou the verdict. He would also remind the court that the proceedings had already extended orer a period of eight months, and the results of what they had done bad already fallen upon the prisoners most severely. The consequences to them might be summed up in one word " utter ruin." Their punishment was thus already great, for they were ruined both as business men and as private individuals— ruined in pocket and in character. In shoit their punishment had already reached that point when it might be said to be more thaa they could bear. He would also remind Hia Honor that the crime of which they were co evicted, misdemeanour, was one in which the Conrt had discretionary power. It could imprison, or fine, or both. H's Honor — I cannot hear you on the point of recommending either one kind of punishment or another. Mr Harvey — I was not going to suggest wb'ch your Honor should inflict, but merely to surmise that the law intended the severer punishment to be applied only to the wowt offences of the k'Tid, and that the alternative should be deemed sufficient in cases where the results of the misdemeanour were not so bad, where no one had fallen a \!ctim. In the prese.it caae, no particular damage had been done. I would also urge that they are entitled to consideration as educated men, ?id mci of position, whose feelings were naturally much more acute, and who, in thus sinking in society, lost and Buffered infinitely more than those bo*n and bred in a humbler position. Mr Barton would add but a very few words to what had been said by Mr Harvey. He cou'd not complain of the manner ir x which tVe caße had been conducted on behalf of the Crown, the utmost eorsideration and impartiality having been shown. He hoped Mr Macdonald would find it consistent with his duty not to throw any obstacles in the way of the recommendation of the Jury having its full eifect. As a contractor, whose business depended entirely on his own supervision, his client had already lost heavily, while the case was hanging over his head. He thought himself also entitled to mention the fact,

that M'Kemzie was a husband and the father of a large family to whom also the punishment extended. He considered that to men in the position in life as defendents, the verdict itself was a punishment, almost too severe, and he thought it almost impossible for the Court to do its duty without heaping up a punishment already too heavy. Mr Macdonald did not feel justified in saying anything more upon the case. His Honor, addressing: both defendents by name, said — You have had a most patient and careful trial. You have been defended by able counsel, and have had every advantage during the trial which could be afforded you. The Jury have found you guilty on evidence which carried coruiction to myse 1 ?, and, tarn inclined to believe, to all who heard it, aud 1 am of opinion that they could have come to no other verdict. The crime of which you have been convicted } lis that of conspiring with intent to j defraud ; one which is peculiarly degrad- | mc and dishonorable, and I must say that of°all the cases of this nature which have come before me I have never seen a worse, nor have I ever heard of one involving circumstances so degrading so completely marking the offenders as unfit for ever after for the society of honest men. I must also express my approval of the conduct of the Government in the matter. They did quite right in prosecuting the case to a conclusion, and not allowing it to drop in consequence of the difficulties in the way of bringing the crime home to the gir.ity parties. It is right that it should be known throughout New Zealand, and wherever the English language is spoken or read, that such conspiracies will not be allowed to pass unpunished. lam bound, of course, to take the recommendation of the jury into consideration in awarding punishment, and will also give due weight to the other considerations which have been advanced on your behalf by your crvmsel. I cannot say that even temptation forms an excuse in the case of men. of education and standing in society, but I will boar even that circumstance in mind. I will take into consideration also the expense and ruin to which you have already been subjected, and the suffering you must naturally have endured during the long time the case has been hanging over your head, although the latter has beeu chiefly owing to the course you adapted at the former trial, when you put in a demurrer instead of allowing the case to go on. I therefore cannot give so much weight to this last consideration as if the delay had not been the consequence of your own act. Taking the most lenient view of the case possible, the sentence must still be a severe one ; the crime, as T have already said being one peculiarly aggravated. Taking into consideration therecommedationofthe jury andallthe other circumstance in your favor to which I have already alluded I have come to the conclusion that I should exercise the discretion of the Court, and not award the punishment of imprisonment without the alternative of a fine. The sentence of the CourJ therefore is that you be fined in the sum of £100 each and be imprisoned until the fine be paid. The fine in each case was paid on the spot. SITTING Iff BANKRUPTCY. On Wednesday Mr Russell, solicitor, applied for and obtained the discharge of Mr Hall, an insolvent. A similar application preferred by Mr Herbert V. Lillicrap for his own certificate of discharge as an insolvent, was refused in consequence of the absence of any report from the trustees. SITTING IJT BANCO. After the passing of sentence in the conspiracy ca3e, on Saturday, the court sat a few minutes in Banco, when, on the motion of Mr Harvey, Mr Frederick Wentworth "Wade, was admitted a Solicitor of the Supreme Court of New Zealand.