WANGANUI ALLEGED ARSON CASES.

Bush Advocate, Volume XXII, Issue 62, 15 March 1910, Page 6

WANGANUI ALLEGED ARSON CASES.

CHANGE OF VENUE. At the Supreme Court on Saturday, before the Chief Justice, Mr Wilford for a change of place of trial of Joseph P. Davis and Martin Haines, who have been committed for trial at Wanganui on a charge of wilfully setting fire to certain shops in Victoria-evenue, Wanganui. The application was made on the grounds that it was expedient for the ends of justice that the trial should take place at a sitting o ftlie court in some other town than Wanganui. In making, the application, Mr Wilford said it was taken under section 370 of the Crimes Act, which gave power (if the Judge thought it expedient) to order a change of venue. \ Mr Wilford said the feeling of indignation in Wanganui over the case was at such fever heat that it was im-

possible for accused to be tried by a jury that was not inflamed by popular prejudice against them. No harm, he continued, could be done by a change of venue. The accused had very few friends in Wanganui, and they would be absolutely prejudiced by being tried there. He had a number of affidavits from well-known residents of Wanganui, who said that the ends of justice demanded that there should be a change of venue. Mr M. Myers, who appeared for the Crown, opposed the application. He contended that there was not any difference between this case and any other case where an outrageous offence had been committed, and a person was being tried before a jury for having committed the offence. There was no reason to believe that the people of Wanganui would not ho> fair, and try the case on its merits. His Honor said he , had grave doubts in respect to this case. He asked Mr Wilford if it would not De as well if he made the application again on the first day of the sitting of the court at Wanganui. Mr Wilford said that witnesses had to be brought from Nelson, and the trial had been fixed for Tuesday next. His Honor said that he thought the affidavits were stronger than was usual in cases of this sort, because they were applications from . persons belonging to different sections of the community. These persons all said that there was a strong feeling against the accused in Wanganui. He did not think in our criminal courts that a prisoner ought to feel that in going into a particular court that he was handicapped, and his case was prejudiced. Sooner than have it said that the men had been deprived of a fair trial by the prejudice of the community and the resentmfents referred to in the affidavits, he ordered a change of venue to the Supreme Court at Wellington.