TRIAL BY JURY. Truth

NZ Truth, Issue 121, 12 October 1907, Page 4

TRIAL BY JURY.

Truth

Published every Saturday Morning At LUKE'S LANE (OFF MANNERSSTREET), Wellington, N.Z. SUBSCRIPTION (IN ADVANCE), 13Si PER ANNUM. ■

SATURDAY, OCTOBER 12, 1907.

The refusal of a majority, and, a substantial majority, too, of the Grand Jury at the recent Criminal Sittings of the New PlymouthSupreme Court to return a true bill against the eight unlawful assemblists of Opunake has given occasion to the plutish daily press of the Dominion to raise the bogey cry that the Grand Jury system m the colony is tottering to ruin and decay, that gross and grave miscarriages of justice have occurred, and will recur, and, openly asserting, that the pernicious doctrine of the "unwritten law" is likely, m this young country, to over-ride the more colder analogical processes of statutory justice. In its frenzy, its indecent and precipitous haste, the capi-talistic-controlled daily press have covertly hinted that a repetition of anything like the New Plymouth "miscarriage of Justice" will lead to the serious consideration of the abolition of not only the Grand Jury system* but even the very vital principle of the right of any man to be tried by a jury of his countrymen. A more impudent and preposterous suggestion it is impossible to imagine, but it has yet to fee proved that the refusal of the New Plymouth Grand Jury to find a true bill is, a miscarriage of Justice, justifying the hysterical articles that are almost daily appearing m the press of the Dominion. The Grand Jury at New Plymouth, who are condemned as sympathisers with crime, who flagrantly fiout tlieir oaths, .w.iio are ae.eused by

hjred literary assassins of allowing their sense of Justice, their duty to their country to be swayed by prejudice and passion, have themselves been submitted by the plutish press to true Jedwood Justice, which hangs a man first and tries him afterwards.

It is, therefore, essential to relate the circumstances surrounding this truly sensational case. Eight men were committed from the : Magistrate's Court at New- Plymouth on a charge of having assaulted, under extraordinary circumstances, an individual named . Hill at Opunake. Presumably, a prima facie case was made out m the Police Court, otherwise the men would hardly have been committed for trial. Following closely on their committal came the New Plymouth sittings of the Supreme Court, over which Mr Justice Denniston presided. It is true that that Judge made a strong charge to the Grand Jury. He directed them to return a true bill and the judge even went so far as jifo impress: on the jurors the great danger, the insanity, of allowing such a creed as the "unwritten law" to permeate their deliberations, or to taint their sworn responsibilities to their country. Right m the teeth of this very strong charge the Grand Jury, by a majority, and a substantial majority, too, returned "No True Bill," and, it must be confessed to the momentarily great surprise of everybody. Still, that fact is not a warrant for newspapers like the "N.Z. Times," the "Post," the Otago "Daily Times," and the "Auckland Star," ignorant, find totally m the dark as to the premises on which those Grand Jurors acted, characterising it as a miscarriage of Justice, and certainly not justifying a statement that "the only inference consistent with a belief m their sanity is that, m defiance of the Judge's express instructions, they claimed for themselves to decide whether the defendants ought to be punished for a breach of the law that they had undoubtedly committed." Such, indeed, were the sentiments of the Auckland "Star," and, seeing that this Opunake matter is almost a matter sub judice, it is questionable whether for its assertion that the defendants had undoubtedly committed a crime the "Star" should not be punished for a gross contempt of Court. Such, however, are the puerile tactics of a perverted free press, that bel^y and bawl for a man's blood ere he' is proved guilty.

What has been' the consequence of this press rumpus, this hysterical howl about a gross miscarriage of Justice, when nothing, or next to nothing, is known of the true, inwardness of things ? The secrecy of the juror's room has been invaded. Respectable and reputable citizens of New Plymouth, who have been branded perjurers, have been forced m their own defence to divulge the secrets of their conclave, . and what is the result ? This scare about a tottering jury system is found, after all, to be but a catch-penny daily press scare. Fourteen of the Grand Jurors resident m New Plymouth, when interviewed by a press representative, stated lhat Hill, when under examination by them, absolutely refused to identify the accused as the persons who assaulted him. He identified one of them as having been m Mrs Lister's house, but stated that this man had neither spoken to him, nor, so far as Hill was aware, had he taken any part m the assault. Hp also identified one of the accused as having been m the house where he (Hill) was taken after the assault, but he distinctly stated that this man had not assaulted him or even spoke to him. Of the fourteen jurymen who subscribed to the above facts four Were amongst the minority who favored the return of a true biil solely on account of the Judge's direct charge.

Against this very positive assertion, we find the victim-, alleged or otherwise, writing as following to the "Taranaki Daily News" :—

"Sir,— l hereby wish to state most emphatically that I. did not fail to swear to the identification of the accused m the Opunake tarring and feathering case. I positively deny the statement to that effect. 1 would also like to. say that I was treated most unjustly at the hands of some of the Grand Jury on that case. Perhaps you will not publish this, as it may be some of your newspaper .editorial etiquette to hush up a matter of great public importance, but I will say that calling a jury of the sort that was on that case a grand jury —then the quicker they are abolished the better it will be for the public m general."

■That, of course, is only the victim's opinion, but it would only be the hysterical howling daily press that would for one moment believe this extraordinary individual m preference to fourteen respectable and reputable citizens.

What is there now to be said to thoroughly convince the people of New Zealand that its daily and plutish press were "bulling" badly and after the public pence for all it was worth. All . this flapdoodle about miscarriages of Justice, unwritten law, the abolition of the jury system, is only so much literary bird-lime which helped to build up a daily paper sensation. The "Otago Daily Times" seemed to have become quite bewildered m the maze. Besides hinting, at the possibility of the abolition 'of the Crrand Jury system, it went still further, and had the daily paper effrontery to suggest that m future, the deliberations of the Grand Jury should be open to the press. This, too, m a civilised up-to-date community, which has been taught to rever the sanctity of an oath and the secrcsy of the jury-room* The press of New Zealand, paltering politicians and even the occupants of the Supreme Court Bench are forever cavilling at the system of trial' by jury, and if they but dare, the birth-right of Britons would be totally abolished. Fortunately the force of public opinion is directed against them. They may meddle with the great principle of trial by jury, but if they dare there shall be a day of reckoning. Meddle they may with a system known to Britains ere the Normans invaded the coasts of Britain, but that system shall prevail when paltering politicians, meddling mm

istries and cavilling judges are. gone and forgotten. Such a system will prevail, even "when some traveller from New Zealand shall, m the midst of a vast solitude,- take his stand 6n a broken arch of London Bridge to sketch the ruins of St. Paul's.."