SUPREME COURT

Hokitika Guardian, 11 August 1930, Page 5

SUPREME COURT

ADDRESS TO GRAND JURY.

CHIEF JUSTICE’S HOMILY TO

PRESS.

(By Telegraph—Prees Association),

WANGANUI, August 11.

At the Supreme Court this morning, His Honor Chief Justice Myers, in directing the grand jury, said that they had a right to make presentment in matters affecting the administration of justice. It, however, was not usual nowadays hut still they had the undoubted right Similarly it was right and the duty of judges to draw attention to possible evils in connection with the administration of justice with a view to preventing their existance or their continuance, if they exist. There is, added his Honor, one matter upon which I do not invite a presentment but to which 1 consider it my duty to draw attention. It must not be assumed that what I say necessarily has referred to any case now before you, but I am led to make my remarks because there happens to he on the list a case, whic-h by reason of its somewhat sensational character, probably created at'the'time a good deal of public interest, and because of the tendency on the part of newspapers, perhaps not unusual in our changing conditions of life for the press to give publicity to cases in a national character to an extent for what is more important of a nature, that, may, not oe ini the best interest of justice.

uenciemen, the fairness of out administration, of justice is'one ok our most cheristed inherited tradition's/ and a-tradition that/one should endeavour to hand down unsullied to the generations who come after us. > It is tradition which has : been 1 created not by the judiciary a lonelnor even by;the judiciary with assistance only ;of a fearless and independent bar.;'.. '■' Its creation and existence; has been materially assisted by a free and independent press, which has never hesitated fearlessly to criticise any matter affecting the administration of justice whenever such criticism appeared to be necessary. But how will it lie with the newspaper press to criticise the administration of justice if itself is the first to disregard the principles of fairness, which are regarded as the basis in the system. It is on the underlying principle of our system that the trial of an accused person s hould be conducted in court and' only in court and that verdict should depend upon the evidence then end there addressed and’only upon that evidence, but the tendency nowadays, it has originated in other countries and unless checked may become stronger l in our own/ is in sensational cases at least for the newspaper press to publish all kinds of information partly by mean, of photographs, partly by sensational headlines and partly by means of' paragraphs or a connected story relating to the life history of the accused person, and fo incidents of the crime of which lie is accused and other matters, wiiich information may conceivably affect the fairness of the trial.

It is all very well to say that the arm of the law is long enough,, or, strong enough to punish the newspaper if it- goes too far, but by that time in the particular case the mischief to an accused" person may have already been done. Anyway I believe ■ that. on. the matter, being .brought un-. der notice as I am endeavouring to now bring it before them, the newspaper press will exercise care and discretion ih : tliese '"‘sensational cases prior to the actual trial of the alleged offender, not in fear of punishment, but because of their desire to do nothing that may operate prejudicially to the fair administration of justice. The press will, I am sure, added his Honor, accept my observations in the spirit in which they are spoken.

MANLEY TRIAL

WANGANUI, August 11

A true bill was recorded against Herbert Frederick Manley for murder of Gladys Carrington Cromarty and the trial commenced. Mr P. R. Bain ''for Crown and Mr J. Treadwell and Mr B. 0. Haggitt for accused.

Considerable time was taken up in submitting plans of the Cromarty dwelling by Norman Anna belle, a civil engineer.

Dr. Adams gave evidence of seeing the body of deceased lying in a prone position on the floor. There was an incision right across the throat. On the day following the tragedy, he made a post mortem examination of the body. He was of the opinion that the wound in the girl’s throat could not have been self inflicted. It would have required a reasonable amount of force. Dr. Lynch (pathologist), said he examined the shirt produced in the Court.' There were blood ,stains on the left cuff. These were tested and proved to be human blood. Splashes of blood on the trousers also proved to be human blood. He also examined the knife produced, which showed blood smears on the handle. Scrapings from the handle proved to he human blood.