A PECULIAR POSITION.

Dominion, Volume 1, Issue 263, 30 July 1908, Page 9

A PECULIAR POSITION.

- A WEST COAST CASE. An important discussion arose out of a question by Mr. Colvin yesterday. That niombor asked the Minister for Justice whethor it was true that tho Justice Department was employing the Crown Prosecutor of Wcstl*nd to defend Connelly, charged with nhvjng comjnittod perjury at Westport. Connelly was the principal witness fpr the ppljcp af tho t'p'al/of Aritlersoii and Hallin'eji on a cliargo of rtjurdcr.. Mr. (Jplyjn also waptcd to lenow iff the Cliipf .Dptc'ctjyp 'and tho Ijisppptpr' pf Palico were instructing and assisting tho Crowiv Prosecutor 'in' tho defenco of this man. The Minister, in his written reply, related some of the facts of tho case. Connelly, tho principal witness for the Crqwn, had afterWards ben charged by tho solicitor for tho two men with murder. As Connolly was entirely without means, counsel was provided for him in h.ccbrd?ice witli tljo ust|al practice, in such cases; Subsequently he' was charged with.perjury,'.but tho murder charge was withdrawn, aii[i only tho perjury cliargo gone on'with by'the prosecution. Tlio offoncp being a serious one, it was considered Yipcossary that tlio Inspeptor for tlio district and tho Cliipf Dctcctiyo should conduct investigation, aria in tho interests of justice they were still available to help either sido in obtaining ma erial ovidence. Yesterday aftirnoon Mr. Colvin said ho knew it was ustal for persons charged witlj iriurdpr to-bp p oyidpd wjth pounsel, biit"hp bad ypt to leap- tliat the Government pfjght tp- dpfend a perfon'charged with porjiiry. It was- against the interests of justice. Feel-, ing was very strong about tho matter oii tjie Coast. j' ' ' Tho Hon. .T.j M'Gowan sftid tho case was really subjudicc yet, nnd he-did not desiro to say muchiabout.it. Tlio duty of tho Crown Prosecutor was to find out tho truth either for or Against tho accused, and on this occasion hp was tlicro to loarn the truth. Connolly had not tho nicans to proyido for his defence. He had been a .witness, for tho Crown, and tho Government had fpllowed what, in Ins jmind, was. a j-ißht poursp! Strong feeling sjipuld not decido' ii) 'a case of this kind, a just dpcisioii whs what was sought.

Mr. Wilford drew attention to tho Minister's statement tliat whero prisoners were without" means iho_ Crown would provide ■tjjein witli counsel in tho usual way. Ho knew it was generally left to persons skilled in agrioulturov in tho Housp to talk on .law subjects—(lauj;hter)—hut in tho length of his 17 years' legal practico" hp had only met witji thrpo cases, except murder cases, ii) which the Crown had' provided prisoners with counsel. ' But. in none of thpse cases had the Crown Prosecutor acted. Could the Minister name p|io of tho "usual" cases? The position was unheard of. If tho Crown Prosecutor defended a man, who was to prosecute? That ■ was. why tho Crown did not defend, i "