n given fair trial and found
guilty, in my opinion rightly found guilty, of forgery. [He pauses;
then, consulting his notes, goes on] The defence was set up that you
were not responsible for your actions at the moment of committing
this crime. There is no, doubt, I think, that this was a device to
bring out at first hand the nature of the temptation to which you
succumbed. For throughout the trial your counsel was in reality
making an appeal for mercy. The setting up of this defence of course
enabled him to put in some evidence that might weigh in that
direction. Whether he was well advised to so is another matter. He
claimed that you should be treated rather as a patient than as a
criminal. And this plea of his, which in the end amounted to a
passionate appeal, he based in effect on an indictment of the march
of Justice, which he practically accused of confirming and completing
the process of criminality. Now, in considering how far I should
allow weight to his appeal; I have a number of factors to take into
account. I have to consider on the one hand the grave nature of your
offence, the deliberate way in which you subsequently altered the
counterfoil, the danger you caused to an innocent man--and that, to
my mind, is a very grave point--and finally I have to consider the
necessity of deterring others from following your example. On the
other hand, I have to bear in mind that you are young, that you have
hitherto borne a good character, that you were, if I am to believe
your evidence and that of your witnesses, in a state of some
emotional excitement when you committed this crime. I have every
wish, consistently with my duty--not only to you, but to the
community--to treat you with leniency. And this brings me to what
are the determining factors in my mind in my consideration of your
case. You are a clerk in a lawyer's office--that is a very serious
element in this case; there can be no possible excuse made for you on
the ground that you were not fully conversant with the nature of the
crime you were committing, and the penalties that attach to it. It
is said, however, that you were carried away by your emotions. The
story has been told here to-day of your relations with this--er--Mrs.
Honeywill; on that story both the defence and the plea for mercy were
in effect based. Now what is that story? It is that you, a young
man, and she, a young woman, unhappily married, had formed an
attachment, which you