THE GRAND JURY SYSTEM.

Lyttelton Times, Volume CV, Issue 12426, 15 February 1901, Page 3

THE GRAND JURY SYSTEM.

THE CROWN PROSECUTOR’S opinions;.. d A CHAPTER OF ERRORS. Thomas Solomon, a Native, charged with having forged an order for £3 10b on Jan. 19, at the Chatham Islands, in the name of A. Palmer, was brought up before Mr H. IV. Bishop, at the- Magistrate's Court yesterday morning. Mr Stringer, the Crown Prosecutor, stated That the accused had been tried* before the Magistrate at Waitangi, :.n the Chatham Islands, on the present charge, had pleaded guilty, and should have been committed to the Supreme Court for sentence. , Unfortunately, the Magistrate omitted to forward a proper warrant of indictment, and it was necessary to bring the accused before the Grand Jury here. He still pleaded guilt}", hut, to the unutterable surprise of all concerned, the jury refused to return- a true bill. It- was difficult to conceive on what principle the Grand Jury acted. It would he unbecoming on his part to speak disrespectfully of such a time-honoured institution ; but a Grand Jury in Timaru recently made a presentment to the effect that, in their opinion, the time had arrived when Grand Juries ought to be abolished, with which has Honor the Judge remarked he did not at all agree. It was possible' that the -Christchurch jury desired to afford a striking illustration of the correctness of the opinion of their Timaru colleagues. The only other possible reason was that the person whose name was supposed to have been forged was one, ‘ A. Palmer,” while the accused had signed the order “.A. Parmer.” Perhaps the jury considered no forgery had been-committed. It was-difficult to believe that a body of men. supposed to be more highly educated and to possess more intelligence than average citizens, could commit such an absurdity. It did not require more than the, plainest common-sense to know that the crime :of forgery depended upon the intent with which the act was done-, -and not.upon, the spelling. The case itself was an extremely simple one, and of no public importance, but it was mostimportant that such cases should he dealt with on some intelligible principle. Other-’ wise grave miscarriages of justice might result. Often, when the facts were confiictinp- or for some other reason, a Grand Jury did refuse to .find a true bill, and the matter dropped. But the rejection by a Grand Jury of a bill presented by the Crown was not conclusive, and it lay with the Grown whether the case was ■made the subject of further proceedings. In the present case, seeing that- the Grand Jury acted in defiance of the clearest and most- conclusive evidence, and upon no intelligible principle, Mr Stringer had felt it his duty to institute fresh proceedings. In speaking of the jury, he, of course, referred to the majority who threw out the •bill. He would be sorry to think that there were not a considerable number of the jury who opposed the rejection of the bill in question. Solomon Kluirui, a trader, said that on Jan. 19 last, at the Chatham Islands, he sold to the accused goods to the value of 295, and received the produced order in payment. Accused said at the lime he got it from Miss Beamish, of the hotel.

Alfred Pullen, clerk to Halgety and Go. at the islands, stated that a- man called Palmer used to have an account with him. No one named Parmer bad an account. Horomona Rangi Tapua had an account. Richard William Rayner, Clerk of the Court at Waitangi, Chatham Islands, said that wdien tried for the first time, the accused admitted having taken a blank order from the book of his father. Horomona Rangi Tapua filled’it in, and cashed it with Khurui.

As the accused did not- seem to understand clearly what- was going on, Mr Bishop explained to him in Maori. The accused pleaded guilty, and was committed to the Supreme Court for sentence. Mr Bishop asked how it came that witnesses had been brought from the islands

when the accused had been brought over for . sentence only. It appeared that this had been a mistake. The witnesses had been given to understand that they must come, and could how get no expenses. Mr Bishop remarked that Court 'business was apparently managed in a very lax way in the islands.

The prisoner was brought up for sentence before Mr Justice Edwards at the Supreme Court at 12.15.

Mr Heave asked that Solomon: should be admitted..to probation, and bis Honor admitted biro to probation for twelve'months.