STARTLING OCCURRENCE AT THE POLICE COURT.

Auckland Star, Volume I, Issue 80, 11 April 1870, Page 2

STARTLING OCCURRENCE AT THE POLICE COURT.

SUDD^S !'bi*;;Mß.; LfuiENOE VA//' y LAZARD. ;-.'.'.• .}■.'■'■ J .

In th^death •of - Mr.' Lawrehce Lazard on Saturday, evening, it is our .painful duty to Record one of the most melancholy instances ,of the^uncertainty of life, that has^ever occurred' in.this city. The respect iv- which, the deceased.was held, and Tlie- painful circumstances. whicK inust'/be regarded as the proximate cause of his "death have? combined to produca .the (deepest regret and gloom in commercial circles. Mr. Lazard had been charged by the Customs authorities with a breach of " The Customs Regulations Act Amendment Act, 1868," in that he had caused to be entered certain casks as containing earthenware, paying 3d. per cubic feet of Customs duty, which casks were alleged by the Customs officers to contain Parian ware and glassware, thereby being liable to a duty of one shilling per cubic foot. There were eight charges, one of which has been the subject of investigation before the Kesident Magistrate during Friday and Saturday last, and after a careful trial, in which the defence of the deceased by Mr. Wynn was conducted with such skill, ability, and persistency, as to be the subject of. general conversation, the Resident Magistrate was constrained by the peculiar stringency of the Customs Act to find for the Customs authorities. The penalty as laid down by statute is a fine of £100 or six months' imprisonment; and, as interpreted, without appeal. Preliminary steps were taken by tbe counsel for the defence for removing the trial of the re- . maining charges to the. Supreme Court; and'the Court rose about 4 o'clock. The committal had been made out, and he was waiting for the officers at the rear of the Court House, when he was observed to become greatly dejected, even weeping, and was being cheered up by a friend, when he complained of feeling ill. He was helped out into the corridor for fresh air, and laid down, when in a few moments, aud without the least struggle, he breathed his last. Dr. Nicholson was immediately in attendance, but'at" once pronounced him beyond the aid of earthly power. The ' sad intelligence spread rapidly through ihe city, and great numbers of business men came to look on the remains of one who had so recently been in their midst; and the scene, in tbe corridor of the Courthouse, when strong men wept, was affecting in - the extreme. -In a short time a stretcher was obtained and the remains were borne away by friends, to Shortland-street, where they are now lyiDg. Under the painful circumstances attending .the death of Mr. Lazard, strong feeling 'was' naturally directed to the Customs' prosecution as the cause, and hard words were spoken, that will not be endorsed on mature, reflection. p There cSn^be iio doubt)thatf the' mental ahxiety' andTherVous tension of the past fortnight, culminating in the trial, hastened the sad result; and that the reaction when all was over, the worst known, and silence took the place of the excitement of the crowded Court, developed that disease of the heart or apoplexy, which at any time might have been the cause of death. Mr, Lazard has" Been an earnest, pushing man of business ; though not long established in Auckland, he had made good his position, and was looking forward to wealth not remote. To see the cup of prosperity dashed away, and himselfimmured in prison was enough to break his heart. Reflection on all this, and the unpopularity which at all times attends a Customs',, prosecution, jhave naturally caused a strong-feeling against those Concerned in the prosecution of the Customs' charges. But if blame is attached to any, it can only be those who framed the Act,, and any person reading the clauses bear-' ing on the question can come to no other conclusion than that the cas3 having been once brough/t .unden the - npticerpf the Customs, there") yf%s\ nfc)' fpo_isibilityL6f staying the prosecution or mitigating the penalty. Erom the universal tendency that there is to "side" against the Customs, the Legislature has doubtless felt constrained to fence about the Customs Act with peculiar prerogatives j, ,and -in. throwing the onus of disprovxßg'' *6n the- defendant, dispensing with evidence of wilful intent, withholding power of mitigation, and refusing right of appeal, it has defended her Maje3ty's Customs with provisions that seem almost to do violence to civil rights. But however deplorable the unexpected results of the late prpsecution, itis-unreaS'onable that feelings should'for a moment be entertained against the simple ministers of justice. The Commissioner of Customs would have been taking a most unusual course if he had ordered the prosecution to be hushed. In the- carrying -out of his duty Mr. McKellar manifested no animus with which he can upbraid; himself-; but■ on the contrary, in his kindly intercourse with the deceased,, showed that he was.draggedJon.by theI; exigencies of his position. This deplorable and unexpected catastrophe has invested the prosecution with a painful sadness ; but it is satisfactory' to' know that there-ha* not-been-one act of harshness to upbraid, nor a step taken that could have , been "avoided. ; The, deceased was a native of London, but had ! spent most of his time on the Continent. He was unmarried, and has left no immediate relatives in Auckland. To his cousin, Mr. Joseph Lazarus, in Dunedin, he had telegraphed 'the' previous day, asking him to come up, for that he had."* got into difficulties with, the Customs;" and the Star of the South, yesterday, took away another telegram to the same gentleman telling of his death. It is a singular circumstance 'that On Saturday morning, as if anticipating the

trial would result in incarceration, he handed over his keys and money and other articles to Aa- friend, -giving, him, we understandv- generally; the ' charge), iof his affairs. ,' '-"7 ■'..-7 f-$\