SUPREME COURT, DUNEDIN.

Tuapeka Times, Volume VII, Issue 348, 18 April 1874, Page 3

SUPREME COURT, DUNEDIN.

Tuesday, Apbil 14. CRIMINAL SITTINGS.

[Before, his Honor Mr. Justice Chapman.] (From the " Otago Guardian.") SENTENCE. Thomas William Honeywell, who was on tho previous day convicted of manslaughter, was now brought up fer sentence. When asked what he had to say why sentence should not be passed upon him, he replied that he wished to take up a small portion of the time of the Court in making certain objections, which he hoped would have 'the effect of causing his Honor to defer passing sentence for a few days. He did not wish to complain of the Judge's charge to the jnry. nor of the finding of that jury, but from unintentional causes the Judge and jury had been led astray. His Worship had explained to the jury that there were two causes of rupture of the uterus. His Honor : I only spoke of what came out in evidence. ' ' The prisoner Baid that, in speaking of the two causes of rupture, it had been stated to the jury that one was by carelessness, or malpractice, as it. had been termed. . and the second from softening of the tissues after the confinement. But one cause had been specially pointed out in this case, viz., malpractice. The counsel for the defence who had represented him had .not dwelt upon any other cause, and it was with horror and disgust that he had seen his medical witnesses dismissed from the Court without being called at all. ' He believed that, had they been examined, they would have shown a third cause of rupture, and one which, though not even mentioned yesterday, was a far more frequent cause of death than any other in such cases.

His Honor : Why did you not ask your counsel to call your witnesses, "and crossexamine them on this point ?

Prisoner : I did so ; but from 60me tmexplained cause my wishes were not complied with. I • should therefore wish the Court to defer passing sentence until the Court shall learn from medical testimony that my remarks are correct. I respectfully ask that this course may be adopted.

His Honor : A Judge must act upon the verdict of the jury.

Prisoner : If your Honor will look at the depositions you will see, from the medical testimony given at the inquest, that what I am stating is correct. The witnesses were not called.

His Honor : Yes ; Dr. Stirling was called upon his own recognizances. But it was quite competent for you to have called witnesses.

Prisoner : If Dr. Thompson had been propei'ly cross-examined, he would have borne out my statements. His Honor : All of which amounts to this : That if a certain class of evidence had been given, which was not given, the jury might have returned a different verdict. I have only one duty to perform, and cannot now take your objections into consideration. I cannot speculate upon what jurymen might have done. The prisoner said ho waß quite sure that when the medical practitioners of Dunedin came, through the Press, to read his remarks, they would come forward and confirm his statement. He had Bubpcenaed three or four witnesses, but not a single one of them had been called. His Honor : If you had addressed me on the subject, I would hare seen that they were examined. Or if one of those medical men had done so the Court would have listened to him. Prisoner : The medical men in Court were aware that an injustice was being unintentionally done to me. -If your Honor would be good enough to defer passing sentence for a few days — His Honor : That cotild not now affect mo in the discharge of my duty. The only course you can adopt is to petition the Governor, who has power to remit a sentence or pardon a prisoner altogether. On proper representations being made, that is occasionally done, though not very often. Still it has been dove once or twice on my own recommendation. If you send such a petition, backed by the opinion of medical men, it may have an effect ; but In the face of the verdict of the jury — which I have no power to upset — I have only one duty to perform. Prisoner : If your Honor will kindly look at the depositions you will find that two medical men were examined at the inquest who distinctly stated there was a third cause of rupture of the uterus. The Court : Why did you not press this upon your counsel ? Prisoner : l"did so. I passed notes across to him, but, to my surprise, he did not avail himself of them. His Honor : Well, I cannot help that now. Prisoner : All I have to say before you pass | sentence upon me is that the weight of punishment and not the sense of guilt will oppress me, and that I have the consciousness that the death of Agnes Smith does not lie at my door. His Honor : Tho case is out of my hands now, and all I have to do is to pass sentence upon you. Although you are found guilty of manslaughter, and of causing the death of Agnes Smith, still tho crime cannot be looked upon or treated in the same way as I should treat a malicious or vindictive case of matislaughter. The ser.tenre of the Court is, that you bo imprisoned for sis calendar months.