SHAMEFUL ABUSE OF THE LAW.

Poverty Bay Herald, Volume VI, Issue 633, 22 February 1879, Page 3

SHAMEFUL ABUSE OF THE LAW.

An almost incredible story of injustice perpetrated under the forms of law is told by the Brisbane Courier. The story, told as shortly as possible is this : — Two brothers, named Andrew and Johu Flyim- Haydon, were arrested without warrant from a description telegraphed from New South Wales, and taken before the bench at Thornborough, charged with being implicated in the murder of the Pohlman brothers 10 years before. They were held under remand for 10 days, and were then discharged. A week later Andrew Haydon was again arrested, and on the application of the police was remanded to Cairns 90 miles distant, to meet the convenience of a witness coming from New South Wales by saving him the distance. On reaching Cairns, Haydon was remanded for another eight days for the arrival of the witness, who was to identify him. As soon as the witness came lie saw that Haydon was " entirely unlike the man wanted," and he was discharged. Ac this point, then, the case stands thus, Haydon had been 11 days in the lockup at Thomborougli and eight days in that at Cairns, on a charge of murder, a charge which was shown to have nothing for its foundation but a supposed resemblance which did not exist. He was then released, at a distance of [)0 miles from his home, to get back as beat he could. Up to this stage, Haydon's chief fault consisted in his want of identity witli the murderer whom the sagacious constables supposed him to be. But here, wa regret to say, his conduct exhibited other shades of blame. The unhappy man, overcome with the leniency of the law, took more drink than was good for him, and went off to his bed drunk. Another lodger at the inn slept in the same room, and next morning, Haydon, still under the influence ff liquor, picked up the other man's pipe from the washstand and made a present of it to the police sergeant whose kind attentions he had been receiving. This act of determined felony confirmed the police in their estimate of Haydon's character. Even though he had by a paltry scruple of an identifying witness escaped from the charge of murder, it was evident that he was a petty robber, whoso felony was aggravated by drunkenness, and as such he was taken before a magistrate, prosecuted, and sent to gaol for two months in addition to the time he had already been locked up. The whole affair is a shameful abuse of law and justice, and it is quite permissible to say that the higher interests of society would not suffer so much from a score of undetected crimes as for the cruel outrage on right and liberty which this unfortunate man has undergone at the hands of the ministers of the law.