THE CONVICT CHEMIS.

Evening Star, Issue 9387, 8 May 1894, Page 4

THE CONVICT CHEMIS.

TO THE EDITOR. Sin,—That New Zealand is in the forefront of the living que-tions of the day is on all sides an admitted fact. There seems, however, to be one question of fact in which she is an admitted "laggard"—viz., her criminal jurisprudence toward the goal of a court of criminal appeal. This, in its broad sense, means a court having the power to review a verdict or sentence in the light of any facts which may be adduced after trial. We have, of course, a Court of Appeal where intricate questions of law and the subtle and ingenious points as to admissibility of evidence may be referred, subject to their Honors' approval, but no legal tribunal where facts can be reviewed. In its present form, the questions argue 1 tend more in the direction of casuistry than the scvious issues of life and liberty. Had we such a court of criminal appeal any additional facts favorable to Chomis could be heard. At present all this worry and responsibility are thrown upon the Executive of the clay, who may or may not take the trouble to exhaust the merits of a petition. Criminal procedure, both in the lower and higher courts, should tend in the direction of eliciting any fact in favor of an accused as well as against him. A sum of money should be placed on the Estimates to defray this co3t when impucuniosity is pleaded. The annals of criminal jurisprudence tell ns that men have been tried for murder, found guilty, and while lying in the condemned cell facts came to light that others were the real authors of the crime. Some years since public attention in England was directed to the wisdom of such a court in consequence of the extraordinary position Mrs Maybrick was allowed to take at her trial. It will be remembered that the learned judge (Mr Justice Stephen) indulged the prisoner in a statement at a lime when it could neither be confirmed nor contradicted, and Mrs Maybrick fell into the trap which her own mind had made for her. The more one thinks about this case tho more one is puzzled that a man of Sir Charles Russell's experience should have allowed his client in sucli a way and at such a time to chatter her life away. That course was, however, adopted, and clearly made way for the conclusive summing up which followed. Now with a court of criminal appeal having tho power to review facts, Mrs Maybrick's statement (then made for the first time) could have been verified or disproved. A'most on allfours is the convict Chcmis's case. One hopes our Parliament will seriously consider the advisability of extending such powers to the Court of Appeal, and at the sauio time impress upon the police and magistracy that their duty is to record facts in favor of an accused as well as against him. Thoso competent to judge tell us the amendments in our criminal jurisprudence so far have worked well.—l am, etc.,

Lumper.

Dunedin, May 5.