THE OTAGO DAILY TIMES WEDNESDAY, DECEMBER 21, 1898.

Otago Daily Times, Issue 11302, 21 December 1898, Page 2

THE OTAGO DAILY TIMES WEDNESDAY, DECEMBER 21, 1898.

Tho presumption of ljiw that a person whois-accused of a crime is innocent until his guilt shall have beeu established should,, within certain limits, carry with ir, freedom pending trial from penalties' .which are imposed upon the convicted. | There are certain indignities, of eour.se, to which it is necessary that the absolutely innocent man who has been placed under arrest must submit—and there is no person in tho community who is not liable to be arrested upon a trumped-up charge of one kind or another. He must, for instance, submit to be searched, and if the charge against him ii_ oi a grave character he must submit to spend in "the lock-up the night after his arrest. He must submit, also, to tho indignity in the morning of being conveyed to court in the police van in company with the hopelessly dopraved who have fallen into the clutches of tiie authorities during the night, and to stand before the public gaze in the dock which has been rendered odious by its association*,. These are all indignities from which there is no escape. Further ,thau that, the accused person may have to go to gaol pending his trial. He may bo remanded, and if he is either not admitted to bail on account of the seriousness ot the charge, or else unable to obtain bondsmen from the fact of his being _. stranger and unknown, or-from other causes, he must submit to confinement within the four walls of a prison until the'date fixed for his trial. 'It-will be recognised that these penalties constitute in themselves an exceedingly hea-rv punishment -that is inflicted upon _ person whose'innocence may be so convincingly demonstrable as to entitl» him to be discharged ultimately without '.the semblance of a stain upon his character. There is some reason to fear, however, that although in the eyes of the law ■_, person is presumed to be innocent until he shall hav<- been proved ' to be guilty, the officers ot ch<_ law do not invariably treat the untried man as ao jnnoeent individual. Police are reluctant to believe that n man arrestedl by them is guiltless, and the person upon whom they lay their hands is consequently sis a rule ■ regarded by as guilty. To h01d,,, different belief ,?ouM! be to admit thou- own fallibility. Prison officials, like members of the police force, are «tpt to look with more, than suspicion upon persons -vho come under their ' chorda, and tho regulations of the prison, are -sitended to untried {.eraou- with a rigour ihat 13 entirely upposud to the presumption ot their -nnooence. Upon ' this subject no have received ft communication rroru a person who recently '' had the misfortune, (.hen on remand.1

to spend a couple of nights in gaol, but upon-beiug brought before* the court was discharged by order of the justices on tho bono.- In hia letter to ns he made a complaint of cruel treatment at the hands of officials in ihe gaol The mattei* is, however, obviously one for a departmental inquiry rathei than for n discussion in tho .columns of a newspaper, for under the latter course tho public .servants against whom the complaint is levelled would b<- ■ denied the opportunity of being heard. 'For that reason wo have declined to give i.ssertion to the letter. ,lf the statements contained *n it, are. true, however they argue __, ivant of consideration on the part of tht officials for a suffering man th._l cannot be 'excused qp the plea that tbe regulations had to bo observed. It would be disgraceful if a convicted man, surfering from _i_ distressing attacks to I which this man says' lie was subject, 1 wero treated in tho way alleged. But j out correspondent was presumably innocent _t the time, and the fact that' he was -suffering- -for his statement lias all the appearance of being truthful—rendered the application to him of the hard and hist v G g U i a ti o ns peculiarly oppressive The confinement in prisons of unconvicted persons is supposed to be made as little oppressive as possible, due regard only being had to their safe cus- ■ to<*iy, to the necessity of preserving order and government in the pqsons, and to the physical and moral well-being ol the persons themselves. The regulations authorise discrimination between convicted and unconvicted persons, and unless tho presumption of innocence with which the law covors all untried persons is altogether to become a polite fiction It. is important that this discrimination should be made both by prison - officials and by -members of the. police force. So far as the police are concerned, although it would go against the grain for !;hem to admit that they had wrongly arrested an innocent man, or one against,whom-they had not sufficentlj' clear evidence to secure a conviction, it .is '" rarely that'the "methods they adopt to support a charge are of ; doubtful propriety. They may believe that the person they have arrested is guilty, but they do riotvpursue.unfair means or resort to trickery to prove theif case. While this is so as a. general , rule, anything more discreditable thau the fact elicited recently at Gisbome, where a constable induced the occupant of one of the police cells to nrnke a confession of guilt upon the false representation that a confederate had " split,"

it would be difficult to imagine. .Such' a proceeding as that is fortunately not inducted among the recognised methods employed by the police in working up a prosecution, and it will be matter for surprise if the commissioner dees not mark his disapproval of it.

Under the law 'of England, tenants, "whether. for life or for years, may. not cut down timber on.demised laud without special permission in writing from

the lessor. The point as to whether a similar law, is in force in New Zealand does < not seem to, have been decided until lately. At all events, upon the argument of an appeal before Ml* Jus-

tice Conolly, in which the question had to be. settled, it'was admitted that no reported case could ba found in which it had been decided whether a'tenant or a lessee had the right in New Zealand, to cut down any timber trees on the demised laud. The test of whether trees' are timber is contained iv the question, Are they usable "for building purposes? If the• answer is in the affirmative, the trees are timber. In England, oak, ash, and elm are timber, provided they are of the age of 20 years and upwards, and other kinds of

trees may be timber by local custom. The point which Mr Justice Conolly had to decide was whether a tenant was entitled to cut down puriri trees on demised land. ' The parties to the case are residents- in the Taranaki district, and had a dispute over the ownership of certain trees whioh the appellant had. cut down on land that lie' leased from tho respondent. The latter recovered .damages for the destruction : of . the trees, and the appellant then took the case to the Supreme Court, but Mr Justice Conolly sustained the decision of ; the inferior court, which Was that Of Mr Stanford,1 S.M. His Honor held that -there was no question that the law ,of England on the subject was in' force in New Zealand with similar exceptions, and, that being so, it became necessary for him to decide whether puriri was timber. Upon this point his Honor said: "There can, I think, be no doubt that the wood of the puriri is valuable for many.purposes; and, therefore, that it is timber, in New. Zealand, and that a tenant may not cut it down unless for "repairing buildings or fences; for such 'purposes he might be justified in cutting-down the trees if the application of the timber when cut was of benefit to ihe estate. But there is-clearly no right to sell it. As to the point that the trees in question were dead trees, it appears to me to make no difference. They are not alleged to be in any way decayed; and the presumption is that they were not, since so many suitable posts were cut from them. It is a matter of1 common knowledge-that, puriri is 'almost" imperishable.", While the case was thus decided against the appellant, Mr Justice. Conolly 'did'riot allow costs to the successful party, for the reason that the question was a new one; in the colony, as well as in-some respects an important one.'

It does not appear -to be', generally known that section 68 of.. The Old Age Pensions Act, 1898," cancels all certificates issued under ".The Registration of People's, Claims Act; 1896,'.';; and, repeals that act.; All the facts proved by claimants'under', the repealed act will rCquireVto.be proved again if essential to' establish their, olaim at the. investigation before "the magistrate under the new' act. Pension-claim forms, which' it is understood will be Obtainable at the local post offices this week, after being filled up - and declared to before a J.P., solicitor," deputy-registrar, or postmaster, must be forwarded.to the deputyregistrar of the district in which the claimant resides'; the claims, after being entered in 'the pensions claims register by. that.official, are by him forwarded to the stipendiary magistrate presiding at the court nearest to the residence, of, the claimant j the Claimant-will receive notice from the clerk; of the. court of the day on which his'or her. claim will be heard in open court by the.magistrate. The deputy-registrar in Dunedin, which includes the whole of the Taieri and Peninsula counties and boroughs, is the deputy-registrar of births, deaths, and marriages. The boundaries of the Port Chalmers, district are the same as those of Waikouaiti County, those of Oamaru;aro similar to those of Waitaki, of Palmerston to those of Waiherho, of Milton to those of Bruce, of Lawrence to those of Tuapeka, of Balclutha to those qf Clutha, of Clyde to those of: Vincent, arid of Queenstown to those of Lake County. The Inyer--ear'gill district includes Southland County-and Stewart. Island, and Riverton includes' Fiord and Wallace countiaa

An ..application, was made before Mr E. H. Carew, S.M., yesterday, on behalf -of 'Mrs Boyd, to haye heri two children,, John and Thomas Boyd, who had been committed to; St. Mary's Orphanage,; Nelson, on Thurs"-, day last, sent to the Caversham Industrial, School., It was, stated that Mrs Boyd was very much worried about the .children going:; -t distanceVaway, .and. that her health was thereby being'affected. . Mr Callan, on behalf of the Society ,of St. Vincent, de Paul, said if it was the mothers-wish that the children should he.sent.to the,Caversham School they did not desire to raise any objection. His Worship made an order amending the former' order, and the children were committed to the Caversham Industrial School, and ordered to be brought up' in' the Catholic form of,

religion. ... The annual examinations for the Education Board scholarships; commenced yesterday. The examinations are being held at the Normal School, Oamaru, Palmerston, Tolcomairiro, Balclutha, .Lawrence, Tapanui, and;' Naseby. There are 135 candidates for .the junior scholarship and 41 for the senior. The examination for employment as pupil teachers is also, being held at the same centres, there being in all 130 candidates.

For the Invercargill abattoir loan ol £5000 at, I.per cent, tenders, totalling. £9500 were received, at prices ranging from £100 2s 6d to £105. Tho average premium was 13s por cent.

A meeting of the Dunedin Presbytery was held in the Mornington Presbyterian Church on Monday evening to deal with a call to the vacancy in the pastorate. The Rev. J. M. Fraser (moderator) presided, and there was a fairly large attendance of the congregation. After the moderator had conducted, public worship, it was proposed'and seconded that tho name of the Rev. W. Seorgie be inserted in . the call, and , there being no other nomination the motion was carried, and Mr Scorgie's name was "inserted. The call was then signed by 166 members and 52 adherents, and on the motion of the Rev. D. Borrie, seconded by the Rev. E. C. Tennent, it was agreed that as there was an absolute majority of members the call be sustained and forwarded to the Presby-

tery of Christcliurclv and that sheets be left .in the church for two Sundays for further signatures. The Rev D. Dutton and Mr R. Caldow were appointed commissioners to prosecute the call before.the Christchurch Pres-

bytery. -• At a meeting of the Band Contest Committee, held last night, satisfactory progress was mado towards the perfecting of necessary arrangements. Replies were received from Major Jowsey (Timaru), Major Robin (Dunedin), and Captain Forrester (Oamaru) agreeing to act as military judges in the quickstep competition. Mr James Knox was appointed supervisor. Subscriptions were received from the mayor-elect (Mr Swan) and •Messrs Sligo and Allen, M.H.R.'s.

A well-known citizen, Mr M. Houlahan, passed away, in the hospital shortly after 6 o'clock last evening. He was admitted to the institution on the 10th inst., suffering, from gangrene in tho log, and it was found necessary to amputate the limb last Friday. This, however, did not prove effective in stopping the progress of the disease, which spread upwards and resulted fatally. Mr Houlahan, who.was 58 years of age, was, in earlier days, a hotelkceper at Staffordtown, and was a very popular and highly-esteemed man among West Coasters, geniality ancl good-

heartedness being conspicuous features of his character. Later, he carried on business on a

limited scale as a brewer at the NorthEast Valley, where he suffered loss by fire. He then removed to South Dunedin, continuing in tho same line of business, and,finally took up his quarters at Woodhaugh.

In consequence of thesevere and continued

illness of the Rev. F. C. Platts, M.A., vicar of Holy Trinity Church, Port Chalmers, the Rev. T. W. Kewley, M.A., Oxon., has been appointed the vicar's locum tenens. Much sympathy is felt for the Rev. Mr Platts in his severe indisposition.

Mr W. Goodlet, whp has resigned his position as assistant in the chemical laboratory at the university, has received both from the University Council and from the Students' Association flattering testimonials to the effi ciency of the services rendered by him in. that capacity, which ho filled for a period of seven-

teen years. In the testimonial from the council, the registrar quotes the terms of satisfaction with which his > professor, in a letter written in August last,' referred to the value of Mr Goodlet's services. This statement, with , which tho University* Council expressed its complete agreement; "is to tho following effect:—" Goodlet has, as laboratory boy, served the university well for the last seventeen years. He is quite a model in that capacity, and we shall never get so able and willing and perfectly satisfactory, a. man or boy in his place." The testimonial from the Students' Association recognises Mr Goodlet's readiness to assist students .in various difficulties which the professor had not the time to explain. In this respect his services were .especially appreciated by. medical students, :for lie gave much time during the vacation in assisting them in their practical work preparatory to examinations. The testimonial notes also that, during the occasional absence 'of the professor, Mr Goodlet conducted the practical chemistry class with credit.

Probate of the will of Maria Watson (deceased) was yesterday granted by his Honor Mr Justice Pennefather upon the application of Mr Brown-Durie. .

The Southern Starr-JSowkett Society held another sale by tender of an appropriation of £500 last evening/ resulting in. the wKole amount being secured-by'one "member,at a premium of £38 per-cent.'

,-Messrs James Samson and Co. will sell today; on the premises, Caversham, freehold proparty, household furniture, etc. On Thursday they will sell at their rooms household furniture; etc; '..,:■ •

The Otago Farmers' flq-operative Association will, hold their first wool sale on Thursday. A meeting will be held at Portobello on Thursday, 2!) th inst., to enrol a contingent of the Otago Mounted Rifles. Mr H. S. Valentine will sell to-day bicycles. On Thursday, sth January, he will offer by auction a city property in Moray place. The Society for the Prevention of Cruelty to Animals issue a warning in another column ,aboufc ■ the overcrowding Of live poultry sent to market.

. It is notified that Wednesday, 28th inst,, and Tuesday, 3rd January,," will, be observed as special bank'holidays. John HiSLor, oldest established Watch maker and Jeweller, 74 Princes street. Good assortment Watches, Clocks, and Jewellery. Spectacles suit all sights.—Advt. The public cordially invited to make their Xmas purchasers early at Braithwaite's, and get the best selection and avoid the crush later on.—Advt.

," G-. and. T. Young, jewellers,-' Princes street, announce the arrival of their Christmas stocks. The very latest goods to be had in the' Home markets, suitable. for presents, are to - hand.— Advt.

' New York and British Boxed Stationery and Notepaners in great variety. Best selection in colony. ' Livingston, "Princes street.—Advt, Let the children see Braithwaite's magnificent collection of toys, dolls, -and picture books. ' Nothing like it: in . the Southern Hemisphere.—Advt. '•'"'■ 1 Frank Hyams, watchmaker''and jeweller, Princes street, intimates Ith'at: his premises will remain open till. 10.-.o'clock ;on- Saturday "(Christmas Eve), and will be closed to-day.from 1 o'clock. A large shipment of Christmas and New Year novelties just opened.—Advt. M-o-s-t R-e-1-i-a-b-l-el' For punctual time try Peteh Dick, "Watchmaker and Jeweller, opposite Coffee Palace, Moray place, Dunedin. Charges strictly moderate.—Advt.