The Case of BERNARD CALLAN.
The following documents have been handed to us for publication for the information of our readers, being the petition addressed to the Minister for Justice re the above case, and the Minister's reply thereto. By the latter it will be seen that the Department declines to interfere. (copy of petition:.) In the matter of "The Justices of the Peace Act, 1882," and in the matter of the conviction of Bernard Callan in the Ashburton J.P. Court on the sth day of May, 1890. To the Honorable the Minister of Justice, Wellington. The humblejpetition of the undersigned residents in the town of Ashburton shewefch, as follows :—
1. - That on Monday the 6th day of May 1890, Bernard .Callan of Ashburton, laborer, was charged with resisting Constable McGill in the execution of his duty, contrary to section 37 of "The Police Offences Ace, 1884,"
' 2, —That the said charge was heard at the said Court on the said date by Daniel O'Shea Lawlor, one of Her Majesty's Justices of the Peace in and for the Colony of New Zealand, and the said Daniel O'Shea Lawlor, upon hearing the evidence, as such presiding Justice did fine the said Bernard Callan in the sum of £20, or in default did sentence tho said Bernard|Callan to three months' imprisonment.
3.—That the said fine and sentence are the full limit of the powers allowed by the said section of "The Police Offences Act, 1884."
4.—That hitherto the said Bernard Callan has been a respectable, industrious and hard-working young man, and has never before been before a Court, or in the handa of the police, and he enjoys the respect of the community, .5i —That the said of Fence was a light one and not a serious case, inasmuch as the said resistance to the .said constable was not vicuws or long continued, and tho said Bernard Callan did not strike at or kick, or in ,'my way injure or hurt tho s;iid Constable, or tear his clothes, and the saUl Bernard Callan shortly after arrest did go peaceably arid quiet)y to the Lock-up in Asnburton, and in the said Lock-un did behave peaceably and quietly, 6. —That at the hearing of the said case the said Bernard Callan was not represented- by - Counsel.
V. —That the said fine find sentence avo extravagant and unreasonable, and is, find are, as severe as possibly could bo dealt to a hardened and old offender in a serious ftad, violent resistance, and the result of
the present sentence will be that this young man for che first offence will be sent to gaol for three months and there have to mix and associate with all the worst criminals to be found in the gaol, , the gaol regulatipns,making no provision for the separation of prisoners. • : B.—That the said sentence was appealed against at the District Court,, Ashburfcon, on Tuesday, the 20th, day of May, 1890, when His Honor Judge Ward, the presiding Judge, held that he could only by law go into the question of Guilty or Not Guilty; but had no power or authority by law t5 review the Justice's decision or reduce the fine or sentence if he found Callan guilty. Wherefore your humble petitioners pray that you will be pleased to order a rehearing of the said case, or to reduce the said fine and'sentence to something commensurate with the offence, it being a light case by a first offender, and not a case calling for fche extreme penalty of the ' law; or to take such action as to deal fair justice to this young man. And your petitioners will ever pray, &c. Signed—
Robt. Alcorn, merchant, J.P. ; W. J. Steward, journalist, J.P. ; Thos. Bullock, auctioneer, J.P. ; A. Roberts, grain merchant ; Edward Stephen, accountant; Thos. Scaly, nurseryma,n; Donald McLean, station manager; R. McOwen, bank manager; Hugo Friedlander, merchant, J.P. ; J. Jamison, bank manager; T). Thomas, Mayor of Ashburton ; A. H. Shury, bank manager ; E. B. Simpson, bank clerk ; J. H. Twentyman, accountant ; A. Curtis, accountant; R. Friedlander, merchant; John G. Restell, merchant; Bland and Humpherys, auctioneers ; W. Rollitt, miller; R. M. Cuthbertson, solicitor; Chas. Braddell, commission agent; Chas. W. Purnell, solicitor ; John Orr, merchant; Chas. W. Brooke, chemist.
COPY OF REPLY, Prisons Department, Wellington, N.Z., 28th May, 1890. Sir, —I have the honor by direction of the Honorable the Minister of Justice to acknowledge his receipt of your letter of the 21st instant, giving cover to a petition in favor of a prisoner named Bernard Callan, and to inform you in reply that after making careful enquiry into the circumstances connected with this case, he can see no sufficient grounds to justify him in reconfmending His Excellency the Governor to grant any remission, of the sentence passed upon prisoner Callan by Mi- O'Shea Lawlor, J.P. I have the honor to be, Sir, Your most obedient servant, A. Hume, Inspector of Prisons.
E. G. Crisp, Esq., Solicitor &c, Ashburton
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The Case of BERNARD CALLAN., Ashburton Guardian, Volume VII, Issue 2438, 31 May 1890
The Case of BERNARD CALLAN. Ashburton Guardian, Volume VII, Issue 2438, 31 May 1890
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