THE Otago Daily Times. TUESDAY, SEPTEMBER 10, 1872.

Otago Daily Times, Issue 3306, 10 September 1872, Page 2

THE Otago Daily Times. TUESDAY, SEPTEMBER 10, 1872.

Aiiojftss'jj the liuraerous advantages to be gained by the abolition of Grand Juries, not the least would be the fact that the duty of collecting evidence and getting up each case in its preliminary stages would be taken out of the hands of tho police, and undertaken by the Public Prosecutor. No one who has had any experience of criminal proceedings can have avoided noticing the injury done to justice by consigning a duty so important in its nature to a body of men who, with all their merits, have probably had little or no experienf. in threading the intricate mazes of evidence which often surround what seems a simple matter. In serious cases, such as cattle-stealing or arson, our Resident Magistrates' Courts often exhibit painful scenes, where the prisoner is defended by skilled counsel and the public interests are guarded only by the police-sergeant of the district. Without disparagement to a most excellent class of public servants, it is very obvious that they cannot be expected to contend with any degree of success against intellects thoroughly trained in the subtleties of the law, and in proportion to their want of training justice must suffer. It is owing to the feeling which arises from this inequality that police cases, as they are technically called, while they are among the most necessary, are the least satisfactory to the general public of all the causes on wMch magistrates have to decide. There is at present a confusion of ideas between the local and executive functions, which entails a mistrust both of the police and their action in numerous instances. But setting upon one side those cases in which the police take the initiative in prosecution, it is beyond all argument that the existence of private prosecutions is, as it was called in the Assembly, a mere relic of barbarous times. Although the weapons are changed, a private prosecutor now exactly represents one of those feudal barons who were accustomed to redress their private wrongs by levying private war against their, enemy, and harrying his territory. It is true that now-a-days his representative issues a summons instead of sending out the fiery cross, but both in the one instance and the other there is an utter neglect of the fact thab a private injury is an offence against the majesty of the law, and that the law abiding citizens are all interested in maintaining that majesty intact, and that therefore they may fairly be called upon to pay for it It is the neglect of this principle which has caused our present system to be prolonged. As soon as we recognise the fact

that crime, however private in its first effect, hi really a wrong to the commonwealth, we shall see that it is a logical consequence that the commonwealth, and not one of its members, should defend itself. For this reason, above all others, we shall be glad to see a Procurator Fiscal substituted .for "the present cumbersome arrangement. A Grand Jury is but a poor safeguard against the abuse of legal weapons to gratify private revenge. Not long ago a case of arson occurred in this Colony in which a labouring man was wrongfully suspected of setting fire to a stack. He was duly arraigned, and committed for trial; the Grand Jury threw out the bill, but the preliminary expenses of preparing his defence amounted to the sum of eighty pounds, the exact amount of his 'savings. Under the Scotch system, such a wrong could hardly have been perpetrated. Months before the sessions two skilled trained minds would have examined all the bearings of the case, and have discovered that there was not a vestige of evidence to connect the accused with the firing of the stack, but that a private grudge lay at the bottom of it all. The mere question of time is of serious consequence to an accused person having a grave charge hanging over him. There must be a very serious defect in any system which permits an accusation so frivolous that the Grand Jury cannotnmke up their minds to pass it on to trial, to hang over a man for possibly three or four months. Every social interest demands that the suspected party should be freed or punished without delay, so that he should either be able to enter into business unfettered, or be separated from the rest of his fellows.

It has become so thoroughly a recognized fact that all juries are ' the most intelligent.' &c., «fee., that we hardly know whether to be most pleased or alarmed at the happy audacity which Mr Luck ie displayed in the Assembly, when he commented upon the injury which the existence of the Grand did to the personnel of the Petty Jury. He said ' that he had seen in the Colony, seated in the jury box, men with those stolid faces indicative of a want of quick perception and readiness to apprehend the bearing and character of a case, and he had thought he should be sony to be tried for his life by twelve such men. It was deemed an honour by a large number of people to be appointed on the list of Grand Jurors, and the unfortunate result was, that there was, to a large extent, an elimination of that more educated, thoughtful, and experienced intelligence which was supposed to exist among those upon whom that honour was generally bestowed.' Notwithstanding the customary address upon the part of counsel with which use has made us so familiar, we fancy that very few would be disposed to differ with Mr Luckie. If the more thoughtful intelligence which is supposed to exist amongst merchants, bankers, &c, tfcc, is to be found there, they ought to be the persons actually engaged in trying the prisoner ; if it does not, why should a j function be assigned them superior to that which the petty jury enjoys ? The dilomma is an obvious one, and the escape lies in the answer, that the Grand Jury can only escape being injurious by becoming impotent. Another point was introduced into the debate by Mr Luckie which would have been better deferred. He is desirous of introducing the common Scotch verdict of Not Proven into our courts of law. Upon such a subject there is so much to be said upon both sides that it would be better deferred until another occasion. It would be a matter for much regret if so disputed a question were brought into a matter tipon which almost all are agreed. The present session, we may hope, will see the abolition of Grand Juries, and there will be but few to regret their disappearance from the scene where their antiquity and former service have for some time been the only barriers to save them from becoming ridiculous.

On Sunday afternoon, while Mr Daniel Brown, of Roslyn, an old settler, was removing a bull which had been tethered in one of his paddocks, the animal suddenly rushed him, goring him in the back and trampling upon him. Fortunately a neighbour, Mr Livingston, who heard Mr Brown's cries, obtained assistance" and rescued him from his perilous situation. Dr Borrows, who was sent for, ascertained thai one of Mr Brown's ribs was broken, and that he had sustained, other severe injuries, but he is not apprehensive of any dangerous results from the accident.

Gerald Murphy and Andrew Scott were adjudged bankrupts at an ordinary sitting of the Supreme Court yesterday. First meetings of their creditors were fixed to be held on the 17th inst.

A few weeks ago we noticed the discovery in the Carrick Range, by Mr J. Hall, of the Nil Desperanduiu Company, of a lode of metallic ore, of which there was every appearance of an inexhaustible supply, and also a second discovery of the same kind of ore by Mr Jacob Johnston, at a place about three miles distant from the locale of the former find. Mr Hall has forwarded a sample to Professor Black for analysis, and the Professor found it to contain G8 per cent, of metallic antimony, 26.8 per cent. of. sulphur, and 5 per cent, of quartz and other impurities, from which the antimony ore can be cheaply separated by mere fusion.

We are in receipt of the September numbers of a batch of religious publications—the New Zealand Wesley an and New Zealand Church News, published at Christchurch, and the Evangelist, published in Dunedin. The first is decidedly the most interesting and varied in its character. It contains several readable articles, a review entitled " Tho Bishop of Peterborough on Modern Scepticism," a " Sermon to Young Women,'' hy the Rev. J. Buller, of the Thames, correspondence, and a well-compiled gammary of general religious intelligence. The most noteworthypointsoftheNewZealandChurchNews are its letter from its English correspondent, reports of church meetings, and general correspondence. From the report of the opening of the new church at Borke's Pass, we learn that some persons rode more than 30 miles to be present, although the snow wa* tbree feet deep on the ground at the time a little beyond the Pass. We note th&£ Otago

is not ooco spoken of in than periodical. The Evangelist in more than usually strong in special articles thin month. Among them we may particularise* one on " Eeclesiaatieall Co-operation in Victoria," and another on. " Familiar Spirits." The Ilcv. Mr Kirkland contributes a letter in %v)uch ho endorses theltev. Dr Stuart'ssuggcstionthat Chinese missionaries should be appointed to labour among their fellow-countrymen in the Province. There is as usual a summary of Provincial and Colonial Intelligence, but the "General" Intelligence consists solely of the very old and oft told story of the burning of the East Indiaman, Kent, in 1525.

At the drawing last evening for a naniaturo ship, for the benefit of a boy in the Hospital, 9G was the successful ticket.

We have received the eighth number of ■" The Australian Mechanic, and Journal of Science and Art: a record, of Mechanical Invention, Scientific, Artistic, Industrial, and Architectural Progress, &c." Published by B. Necdham, 154 Bourke street, Melbourne. It is about the sixe of the English Mechanic, and compares most favourably with it in all respects. It is well printed, neatly illustrated, and ably edited, and, as a local production, is perhaps of greater value to Colonial readers than the English publication. An article in this number points out the special characteristics of the Graphotypc process of preparing blocks for the printing press, in comparison with the art of wood engraving. Professor Ellery, of Melbourne, shown "How to make, and how to use a Spectroscope ;" and M. (i. Joachimi has an article upon Public Fountains. There is a gossiping chapter upon Spectrum Analysis ; a contribution from Mr Sydney Gibbons, on the microscopic contents of Van Yean water; a number of useful articles for mechanics, and a quantity of miscellaneous matter, all selected with a view to interest the class of readers for whom it is intended.

The usual fortnightly meeting of the Mornington Band of Hope was held in the Schoolhouse, Mornington, last evening, and not. withstanding the threatening weather, the room was crowded. The chairman, Mr Nicol, confined his remarks chiefly to the young men present. He described the gradual downfall cf young men, which he attributed principally to billiard rooms and bowling alloys. His remarks were listened to with marked attention. A trio by three young ladies from Duncdin was well received, and the fair performer had to respond to the demand for an encore. An address by Mr Hardy, on "The Life and Character of Lady Jane Grey," was also well received. A comic song was given by a young member, and caused much amusement. Two young ladies sang a duet in a very pleasing manner, and were encored. A very pleasant meeting was closed by the singing of the temperance anthem.

At Port Chalmera B.M. Court yesterday, James Watson, for attempting to rescue ft prisoner from the police, was fined 20s, or three days' imprisonment. John Clark, for bring drunk, was fined ss, with the alternative of 24 hours' imprisonment. T. Taylor, Eeq., and Captain Thomson,'J.P.'s, presided.

In Mr Park's paper on "The Bible in Schools," published in our yesterday's issue, the expression, " the energetical teacher, the clergyman," should have read " the exegetical," &c.

Wo clip the following from the Wakatip Mail :—" The Big Beach, Lower Shofcover, ia again turning out' very rich. The San Sing Tong Company (Ham Tic and party) have been, it is Baid on sound authority, making about £900 a week. The Big Beach Company (All Chuy and party) have also just got on the run of gold, and obtained about £120 last week. The Chinese own all the Big Beach claims, having purchased out the European interests, and thus acquired not only a promising but an extensive field for their operations."

In reporting the recent arrival of German, Polish, and Scandinavian immigrants at Lyttclton, the Lyttelton Times says :— "Amongst the married couples, one immigrant was pointed out as having walked from the Russian frontier to Hamburg (a distance of about 800 miles) with his wife and five or six children, Bleeping at farm" houses and oftentimes in the open air, on their way to join the ship."

As already stated in our columns by telegraph, a bullock was roasted whole in Invercargill on the occasion of the turning of the first sod of the Mataura railway. The Southland Ncwb describes the performance as follows :—"The process began, we may mention, on the previous evening, when, the requisite mechanism having been arranged, the chef ile cumne gave the order to 'fire up. Perhaps before proceeding further it may be as well to explain the mode by which bo unwieldy an object as the carcase of a good fat bullock was subjected to the influence of caloric. We shall begin with the kitchen. This was an impromptu edifice of the simplest jrossible construction —in fact, it consisted of nothing more than a sod wall, hastily thrown up, with a few sheets of iron surmounting it -the whole forming a shelter for the long ' ranges,' or fire-places, of which there were two, filled with glowing coke, disposed on either side of the 'spit,' an iron bar, perhaps a couple of inches in diameter, resting at each end on firmly-fixed bearers. The bullock, duly trussed and Bkewered, being impaled on this, and secured so as not to slip while revolving, was lifted into position, and a winch handle fitted on one end of the spit enabled an assistant to turn the bulky roast as required. The heavy north wind, unfortunately, defeated to a certain extent the skill of the cook; but although the exterior was somewhat scorched in places, full justice was done to the beef afc luncheon time."

A Bluff correspondent writes:—"The first of a series of quarterly concerts, given by the teacher and scholars of the Bluff school, took place on the 3rd inst., and was exceedingly well attended. Our Harbour Master, Captain Greig, was voted to the chair, and introduced the evening's proceedings by a brief but pleasantly worded address, in which he showed how pleasant it ur for brethren to dwell together in unity. The concert began with the National Anthem, after which, Miss Greig gave a very talented rendering of a fantasia on that beautiful melody, the ' Carnival of Venice.' Some recitations by the boya were exceedingly well given, the most noticeable being Mrs Grammar's ' Very Fine Ball,' by little Charles Waddel; the ' Frenchman and the Little Pig,' by Frank OToole; and a double recitaton by M'JDougal and Dommigan, ' Nap's March to Moscow.' Of the sougs, * Little Kib,' by little Lilian South ; the ' Poor Little Slave,' and 'Ye Banks and Braes,' by Miss Aitken. a beautiful melody given by a really beautiful voice, deserve special mention. The choruses were a marked feature in the entertainment; the last, ' The .Tolly Volunteers,' with General Cram Fordham's inflammatory speech in the middle, was followed by volleys of applause."

An emergency meeting of the Lodge Celtic; N0.'477, S.C., will be held tbia evening at 7.30.

The fortnightly meeting of the Dnnedin Mutual Improvement Society will be held in the hall below the Athenaeum at 8 thi« evening, when an essay will be delivered on "Money Making.**