THE HALL CASE.

Evening Star, Issue 7174, 30 March 1887, Page 2

THE HALL CASE.

[Special to the Star.] WELLINGTON, March 30. In an article on the Hall the ‘ Post ’ does not think any alteration in .the law of evidence is required to prevent a similar miscarriage of justice in future, but only that provision should be made for new trials in criminal cases, as in civil cases, where a verdict is overruled on the ground of improper admission or rejection of evidence. As to the suggestion of carrying the case to the Privy Council, the article declares such a course inexpedient , and undesirable, even if ' possible, Wbicb it doubts. [Wehave reason for stating that the step suggested cannot be taken.— Ed. E,S.] In the first piece, the system of appeals from one Court to another in criminal oases is one which should in every way be discouraged. It exists in America .to a very large extent, is there attended.with fearful evils, and affords innumerable loopholes for the escape of rich criminals. The longer proceedings can be spun out, the more Courts into which a case can be carried, the greater chance of escape, and the greater advantage has the rich prisoner over the poor one, It would be a terrible blow to the administration of law in the Colony if in such cases as Hall’s the deliberate and unanimous opinion of our Judges bn such; points As the one* involved should by ; any chance be over-ruled by still higher; tribunals. It would greatly shake, if not destroy, public confidence in the ability and knOTfiedge of the,, occupants of our judicial Bench if their deliberate decision in a matter of life and death should be declared erroneous, This is one of the cases in which ignorance is preferable to the folly of being wise. It is better to believe implicitly that our Judges were legally right than to learn they were legally wrong, and unless there was a chance of proving the latter, possible good could come of taking the case to the Privy Council ? As, far as Hall is concerned the decision of the Court of Appeal must be held to be final. If all the Judges and lawyers in Empire declared that decision to be wrong, it would now be morally impossible to execute the original capital sentence.

Discussing the decision of the Court of Appeal in the Hall case, the ‘ Argus ’ says : —“ Whatever comes, Hall has a sentence to serve, but in this Colony the same ruling of the law went nearer to secure the total escape of the notorious murderer Burns. Burns fell into the way of murdering his mates. He had one plan, which was simple and effectual, and to which he adhered. From a strange lack of originality, when in : a solitary place, he struck bis mate a, crashing blow on the skull from behind, and then he wrote letters as if from the murdered man, post-dated and describing a break of partnership. If these letters werebelieved then suspicion was effectually diverted from Burns. To prove any particular murder was difficult, yet it was contrary to the nature of thmgs lbaF one mafej after another should be slam, that Burns should be the last man seen with the victim, that he should tell the same false tale about each> that he should be in pos-i session of the property of each, and that he should not be the murderer. The cumulative evidence was what told against him, but the cumulative evidence was shut out by law, and not until the sixth trial, when a. resolute Judge roused himself to prevent a' failure of justice, was there a conviction.”