WHAT MAY HAPPEN TO A MAN IN NEW ZEALAND.

Evening Post, Volume LVI, Issue 154, 28 December 1898, Page 4

WHAT MAY HAPPEN TO A MAN IN NEW ZEALAND.

Many of our readers will remember the case of " a man named Edward Collins," who, on the 13th inst., after spending a night in the cells, was haled before the Stipendiary Magistrate, Mr. Eyre Kenny, and by that sapient Justice sentenced out of hand to one month's imprisonment, because he was found within the Convent grounds, adjoining the ruins of St. Mary's Cathedral, at 9.15 p.m. of the previous day. The "prisoner's" statement was that he was within the grounds for a perfectly legitimate purpose (and we may here say that we have independent evidence in support of this), that he was just come from Nelson in search of employment, and that Messrs. P. J. O'Regan and R. M'Kenzie, M.H.R.'s, could depose to his respectability. This statement also subsequently proved to be true, but Mr. Edward Collins, being a stranger within our gates, and withal confused and embarrassed by his novel and humiliating position, failed to state his case with enough of emphasis to satisfy the Bench that he was aught but a predatory loafer, for the "Justice" there enthroned promptly stated be must " make an example of the man," and sentenced him to one month's imprisonment, with hard labour! In our issue of the 17th inst. we published some facts in connection Tjvith this case that, had they been brought but in Court, as they should have been, would have at once exculpated Mr. Collins, and, we think, have very seriously discredited all the police officers concerned in this shameful business. Mr. Collins appears to be a respectable citizen of Nelson, of whose personal character the police know nothing to warrant interference with his personal liberty, more than with that of the writer of this article. For an entirely proper purpose he was, at 9.15 p.m. of a certain evening, found within the grounds of the local convent, when an unintelligent or over-zealous police officer arrested him for being there " without lawful excuse." But the lack of any sense of justice or the fitness of things that marked the conduct of the arresting constable paled to insignificance before that of his superior officers and the presiding Magistrate in Court the following day. Not a word was raised by the prosecuting police officer to ask for a remand in order that the accused might have time to verify his statements. The man himself lacked the nerve or the ability to answer his accusers, he was poor and could not fee a lawyer, and the Court — what of the Court? Well, it would seem that the valuable time of the Court could not be wasted in considering so small a matter as the liberty, honour, and good name of an obscure person apparently of no account, who had come hither to seek employment. And so the Court said it must " make an example of the man/ and with petulant

inhumanness, and in violation of all the canons of equity and justice, at once proceeded to brand as a "gaol bird" the respectable citizen of Nelson by sentencing him to hard labour for one month. This, however, is not the end of the story,nor will it end if we can help it until the wrongs of Mr. Collins have been righted, for it would now appear that the injury inflicted upon the man has been admitted by the Department of Justice, because — so we are credibly informed — he was liberated from gaol on Friday last. Why was this prisoner liberated? Will the Minister for. Justice explain? Was it because the. orir ginal statement of Mr. Collins has f ,been, proved to be true? If so his name sgould be expunged from the prison records of the colony, and it should be publicly and officially admitted that he has been the victim of a miscarriage of justice. To do this would be to censure the conduct of the Court, no doubt ; but we hold the righteousness of the law and the rights of citizenship above consideration of the position of the Stipendiary Magistrate of Wellington. Mr. Eyre Kenny declared that he " must make an example of the man." If the statement of Mr. Edward Collins is proved to be true, the Government of this country should "make an example " of Mr. Eyre Kenny.