DOMESTIC INTELLIGENCE. Supreme Court.
A sitting of this Court was held on Wednesday week, for the dispatch of criminal
business, but we are glad to say that his Honor is not much troubled in Auckland at least with business of this kind. There were Olilj two cases for trial at this sitting of the Court, one of which was postponed in consequence of the absence of some witnesses, the other was a case in which a person of the name of English was tried for perjury, and found not guilty. We were surprised that any person should have been committed to take his trial for so grave an offence on such slight grounds, as appealed by the evidence adduced in prove of the crime; — we were still more surprised that the jury should so long hesitate about their verdict in this case. During this trial an interesting discussion took place between Mr. Bartloy, the Counsel for the defendant, and Mr. Swainson, the Attorney General, in which his Honor the Judge took a part — regarding the practice in the Courts at home of placing all persons in the witness box whose names appeared on the back of the indictment. In this case some of the parties whose names were on the back of the indictment were not examined. Mr. Bartley did.not complain on this score however, but took up the matter on the point of principle. But in this his Honor did not for some time appear to see Mr. Bartley 's object. Though this discussion was inopportune, and tended to lead away the attention of the jurors from the case before them, we still give Mr. Bartley credit for starting the point ; we are persuaded he was in the right, and that the practice at home is precisely what he stated it to be, and we also agree with Mr. Bartley that in the absence of a grand jury in this (in many respects anomalously governed colony), his grounds of complaint were well founded. We were surprised to hear some remarks drop trom the Judge, the tendency of which were to the effect, that grand juries were a doubtful benefit, if not a positive disadvantage, because in many cases guilty persons were allowed to escape unpunished, because of the too great extension of the feeling of mercy by such juries. Mr. Edward Gibbon Wakefield has certainly published a book in Newgate which attempts to prove something of this kind — but he is a very questionable authority. Upon the verdict of the Jury being given, in the above case, tli Judge delivered the following pertinent address :—: — John English, you have been brought into this Courts on an indictment for wilful and corrupt perjury. The jury liave pronounced the verdict which you have just hoard. It would not be my intention to complain of that verdict, if I had the right to do so. But I cannot allow you to' depart from this Court, without receiving a word of caution : though no words of mine ought to affect you so much as those which have just been uttered by the Foreman of the jury ; and, indeed, there is one fact, of which the weight upon your mind, for the whole of your life to come, ought to be far beyond that of any words whatever. The fact which it will behove you to bear in mind so long as you live, is this : that a jury of your countrymen have deliberated, have hesitated for a considerable time — for nearly two hours — before they pronounced you "not guilty." The fearful stain of wilful and corrupt perjury is not upon you. So far you are clear. The visitation of the criminal law will not reach you. But you will not avoid the condemnation of your own conscience. You have not sworn corruptly or perjuriously ; but you have sworn with a degree of rashness and hastiness, which it will become you deeply to lament. I trust that the proceedings of this day will be a lesson to you, and to every man in this Conrt, in this place ; how seriously and strictly, how cautiously, and so to say, how tremblingly true ought every word^ to be, which comes from the lips of any man who stands up as awitness in a Court of Justice. State of the Streets — Shortland Crescent. We are constantly requested by our friends and subscribers to take nctice of this subject. Our answer is, that we expect no good re&u't lrona so doing, inasmuch as we are peisuaded that any thing that we may recommend, however proper and right in itself, 13 sure, on that very account, to be opposed by " the powers thai; be." We shall in future oppose every measure of this kind that we approve of, and then we shall have some hope of its being carried the right way. Some men are like certain animals, they will neither be led nrr driven. Seriously speaking, it is disgraceful to see the childish manner in which the repairs of the streets ate conducted. An attempt is now being made to throw some metal on Shortland Crescent, but wp. never saw any such attempt at road-making in any other part of the world The summer has been allowed to pass away, and now, when the rains have set in, and after the streets are cut up into holes and ruts, a sprinkling of sconce is thrown over the sarface. Does Mr. Ligar expect Chat this metal will remain on the surface of a bed of clay ? Does he know any thing about the laws of gravitation ? R>ad muKing we now know he doe 9 not understand. We scarcely think he can have heard of the name of su^h a man as M'Adan, but common sense might at least, teach him that three inchdfe of gravel on a bed of soft clay will only remain on the surface until a shower of rain come, and the wheels of a d, ay pass over it.
The Emigrants. — We regret to hear that the officer administering the government has ceased to give employment to these poor people, and that many of them are really in great want ; in want so great that (we dare not conceal the fact, even for the sake of the place, for it is not the fault of the country, but its misguided rulers,) they ere actually obliced to pell some of their clothing to procure bread. Tuis is not only shameful, but disgracefully shameful and inhuman, if true. Ig there not abundance cf work for those men upon our streets, and in various other places ? Mr. Short, land wants to recommend himself by economising, but it is in the wrong plare. Hs thinks, because the governor of South Australia was ordered noi to employ the dcs i u'e on public works, that he should do the same ; but he has not, like ihat«overnor been authorised to send them to Sydney. These are the effects of our wise measures. The government lork up the resources of the country, ;hey prevent the people from getting cheap land, and (hey starve them. This cannot 1-st — Englishmen will not submit to it* No British subject can starve, a his is the kw of iur country. Summyky of Colonial Netw.— The people, in South Austia ia are like ourselves, complaining of 'the unjust and silly measures of their young governjr 'J hey have a child, aud they wisely wish to get rid of him, an-1 pray for his removal, "We trutt they will succeed. In New South Wales, the people are oy all accounts, most miserable, and that, through sheer mismanagement ; but ihey Lave no spirit, they tamely submit to all the mea?u-es pf their despotic governor Why don't they petition for the removal of Sir Geo Gipps ? They have no spirit, and they deserve tJ suffer. No other British colony would have submitted to be treated as they have been. But, instead of attempting to remove the source of evil, they do nothing Lut write long letter abcut fr c trade and corn laws. And devour one another with expensive luxation. Ihey have had a meeting to devise a method for relieving their embarrassment ; but like all meetings in Sydney, it ended in nothing. »• Bob Cooper," the aspirant for 1 -gislative honors, told them ■om* common sense in bad grammar, hut being nj gent.eman, his remarks, though <-xfremtly shrewd I were disphe.J. Tueir only relief is, as he told them' I " to shut their Courts of Law for a time," and to get rid of Sir George Glpps. He has been «• the plague spot" of New Soutu Wales.— ln Vat, Diemen's Land a new governor is daily expected to relieve S lr John Irani. ln. T*o .egiments are now to be coustautiy stationed in Van D emea's Land, and Norfolk Is.'and is to be attached to it, as a place of secondary punishment. Capt. JU'ConochleVayatem is to have a fair trial in , ora e other place, where it may nave a better chance of succeeding than in Norfolk Island, 'ihe convict system is in need of some change. As it existed in the colonies before, it could not produce any good re. alts. It was alt punishment or iavurmsm, without any mercy or regard to the moral improvement of the prisoner. All Sir John Frankliu's appointments have been di-allowed at( home. A large steamer is to be sent from England, ' tor the use of the government. And a Superintendent or Inspector of Convicts, was to be appointed by the Home Governmeni, uuconnected with, and irresponsible to the lecal government. Mechanic* Institute.— The adjourned debatewill lake place on 'lauradji? first, at tUe usual time and place.
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Daily Southern Cross, Volume 1, Issue 9, 17 June 1843, Page 3
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1,623DOMESTIC INTELLIGENCE. Supreme Court. Daily Southern Cross, Volume 1, Issue 9, 17 June 1843, Page 3
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