This Day in History, 1930: B.C.’s chief justice doles out the lash to criminals

It didn’t pay to be a criminal in 1930. Especially when you got caught and had to go in front of B.C’s chief justice, Aulay MacAulay Morrison.

“Twenty-one Men Sentenced at Assizes to 87 Years, 75 Lashes,” said the banner headline in the Nov. 14, 1930 Vancouver Sun. “Two Blackmailers to Serve Five Years, Bank Bandits Draw Heavy Sentences and Will Be Whipped.”

The sentences were all given by Morrison, who had been named the bench in 1904 and had become chief justice in 1929.

“Lashes were imposed on seven men — four cases were of bank holdups, two of distributing drugs, and one of assault,” the Sun reported.

“The court was particularly severe in dealing with drug offenders and bank robbers. He tempered justice with mercy, however, when he meted out sentences to drug addicts.”

William Sigmund was given some of the harshest treatment for two holdups, one at the Royal Bank of Canada, one at the Bank of Commerce.

He got five years and 10 lashes for the Royal Bank job, and five years and 10 lashes for the Bank of Commerce, where he and two co-accused were also charged with attempted murder.

His two jail sentences were to run concurrently, but he was to receive all 20 of his lashes. His two accomplices in the Bank of Commerce robbery also got five years and 10 lashes, as did his partner in the Royal Bank theft.

Morrison also sentenced drug dealer Charles Marino and Frank C. Yipp to five years and 10 lashes each. Robert Duncan got two years and five lashes for assault.

Lashes were liberally given out by other judges as well. A Sun editorial applauded Judge H.C. Shaw’s three-year and 20-lash sentence on a man convicted of holdups.

“Prison alone is no terror for the professional criminal type,” said the editorial. “Often, he regards it with pride. But add lashes and the prison sentence loses its appeal.

“The real brutality lies in the brute mind that conceived and executed the holdup. The sting of shame may be lost on such a mind. But the sting of the lash is never lost.”

Still, the use of corporal punishment was controversial, particularly when the offender was young. This led to a war of words in the letter to the editor columns.

On Nov. 13, a letter by “A Mother” asked “how would you like to see a son of yours lashed? These people who are howling for the magistrate to have the hold-up prisoner whipped, can’t have a child of their own.

“If he’s treated like a beast, if he finds every hand is raised against him, can you blame him for becoming a real criminal? I say show a little Christian kindness and understanding to such boys. That’ll do more good than all the lashes in the world.”

The same day the letters section featured an opposing view from “A Citizen.”

“Hand out lashes with every hold-up and assault sentence and there’ll be less of them. I’m glad Magistrate Shaw has the nerve to do it, for it does take nerve these days when those who don’t come into contact with crime or criminals are raising a sanctimonious howl for mercy.