SUPREME COURT.

Taranaki Herald, Volume XXII, Issue 2195, 22 April 1874, Page 2

SUPREME COURT.

CRIMINAL SESSION.

MONDAY, Apbil 20, 187 i. (Before His Honor Judge Richmond.) The oriminal sittings of the Circuit Court was opened on Monday last, at 10 o'clock, when his Honor Judge Richmond entered the Court, accompanied by the Deputy Sheriff (W. M. Cromptou, Esq.) and took his seat on the bench. The Registrar (H. Eyre Kenny, Esq.), called over the panel of grand jurors sum. moned to attend, and, the following gentle* men having answered to their names, were sworn on the grand jury : — Lawrence Hugh Choi will (foreman), William Bayly, Manley Dixon, John Gilmour, William Irwin Grayling, William Hately, Lewis Alexander Hammer ton, Adolphus Eingdon, Henry Leatham, Jameß Brown Lawson, George Oliver, James Fanl, Alexander Randolph Smith, William Henry John Seffern, Obadiah Silcook, Walter Shuttleworth, Alexander Shuttlewortb, William Dawson Webster, Georgo Young. His Honob then addressed the grand jnry as follows : — Mr. Foreman and gentlemen of the grand inquest, — The business for which you have been called together is of a very light character. The business is insiguifioauc both in quantity, and I may say quality. There are only two charges to be preferred — in fact the gaoler's calender shows only one — the party in the other case being admitted to bail. One of the charges set down is of a very gross character, being that of arson, yet I do not think from what I see in the preferment that the offence in this oase is so serious a one as would bo indicated by that term. No doubt the crime of arson is one of the gravest in the calender, and though matter of excuse may appear, it will probably be better for you to return a true bill, so that the case may bo dealt with by a petty jury ; but the dopoai. tions are in so imperfect a state that this I must leave yon to judge for yourselves. The other case is one, in which a man is charged j with attempting to commit suicide. It iB very 1 necessary to repress cases of this kind — these attempts at self-murder. The extreme penalty for suoh is death, but it must bo obvious to you that such a sentence would not bo passed. It would bo ridiculous for the law to threaten the intending snicide with the very thing which he had desired, and has ineffectually sought to attain. The law has no terrors for the man who does not fear deprivation of life, but in few of these cases has the offender seriously had any design on his own life. In most cases the deed I is done when the man is Buffering from the effects of drink, and a few months imprisonment is the usual sentence that is given, for it wonld not bo wise to turn a man loose and leave him to his own acts after attempting his life in such a manner. The imprisonment thus awarded for the offenoe is therefore rather as a punishment for dronkenness than for the act itself. Whether the case which will be brought bofore yon arose through drunkenness or not, I cannot say, but I am aware that in the mining districts, when a man has been drinking for any time, be will sometimes attempt to destroy his own life, which he would not think of j doing were he in his sober senses. It is therefore necessary that ho should bo prevonted from renewing the act, and a short term of imprisonment is found to be an effectual mode of punishment. Well, gentlemen, the business you will see is next to nothing ; and looking at the character of the district, I do not see that for years to come yon are likely to havo heavy calenders. It will not be sufficient, I oonßider, to warrant tho holding of a Circuit Court here, and the bringing you from yonr businesses, and in many instances from the bush, to attend. We now for the first time Bee the country beginning to be opened to the industry, enterprise, and intelligence of the settlers. Looking nbout a district like this for the first time after an absence of many years, and after visiting many other districts since I was last here, I may say I am struck anew at its immense oapabilites for becoming fche abode of a namerons, peaceful, and happy population. There can be little inceutive to crime in a place like this. Indeed, it is my opinion (aud I do not know that I could pay the district a higher compliment), that you might well dispense with the holding of a Circuit Court. I have for some time fonght the question of the extension of Circuit Courts rather strongly, and, upon this subject, I should like to say a few words, because some of the judges have been thought to bo unduly obstructive in reference to the establishment of new circuits in thinly peopled districts. Therefore, I should like the pnblio to know why T wonld rather restrict them, and to understand tho grounds on whioh I would do so. Now, it is obvious enough that where tho business is considerable, tho simplest and least expensive course is to take the Conrt to the business and not the business to the Conrt. It is easier for Mahomet to go to the moan tain than for the mountain to po to Mahomot. Oor fore* fathers saw this plainly enough, and henoe, very early in onr history, we find the system of itinerant jnßtices. This, then, is the first and most nbvions advantage of the establishment of Circuit Courts. But there is besides, another, less apparent, whioh I wish to mention ; beoaose I would not have it snpposnd of this syßfcem. Those who st© tvocvistomed to take any part in the proceedings of onr higher Courts mnst, I think, be aware that as a mental discipline for the poonle there is also a certain eduoationil advantage, if I may term it so. The jnry sot vice is an important instrument in the moral and intellectual education of the people ; they are brought together, and have things) pnt before 'them , on whioh they are bound to judge to the beet of their ability, as they would on any other ordinary business in this life. Under a democrat io constitution like that of this Colony, the occasional exercise of judioial funoHons is a most neodful discipline. Contrast for a moment the motives whioh are commonly allowed to control political notion that I am blind to the ptreat recommendations with those which are alone admissible in the exnrcißO of judicial power. In politics, selfinterest is admitted as legitimate • nor would I be bo Quixotic as to demand its entire flxolusion. Still, there cannot be a donbt that self-interest, as a motive, has an undue predominance in politics. The electoral franchise ought to be regarded ns a pnblio trust, and not as a private property. How little any snch viow sways the mass of the electoral body, we all know. A mint, however, is not jnph'fied in si vine his vofe an if it wan something he had bought, bnt is supposed to exercise his privilege conscientiously and not for personal motives or self-interest. On the other hand, the pnblio fnnc! ions which the people are callod npon to exercise within the Courts, are suoh as to exclude altogether every selfish purpose, and to oall into play the sovereign faculties of reason and conscience. Here at least, if nowhere else in the whole range of onr pnblio life, these great faculties claim their jnst predominance ; and the jnry delivers its verdict as the elector should his vote — without fear, favoar, or affection. Such, then, are the advantages to be obtained by the multiplication ofcircnit courts. I have just mentioned this to show the arguments pnt forward by those who j approve of the extended jurisdiction of this Conrt. To my mind, however, the extension would be most impolitic, and have a demoralising tendency. First, I disapprove of them because of the consumption of the public time. Many of yon have come from a long way off, and the time spent iv attending hore might have been otherwise profitably occnpied. There are sixty persons here— twenty four ou the grand jnry and thirty -six on tho petty jury ; these have been brought from their homes to do the little business before this Court, which probably may turn out such

as might have been disposed of under a summary jurisdiction. Not only does this entail a considerable outlay of money, bnt also an expense of public time. I, myself, am here whilst wanted elsewhere, and with judicial business in arrear. But there is a second very grave objection which I shall mention. In small districts it not uufrequontly happens that looal passions and prejudices interfere with the impartial administration of justice. When a case of great interest occurs, it nnavoidably happens, Bince all men cannot be expected to comport themselves like jndgos, that the matter is argued and talked over for weeks before the trial, at the corner of overy street. Opinions are expressed ; sides aro taken ; wagers even are laid j and it is next to an impossibility to find twelve men in the district who are not more or less identified with one or tho other of the parties iv controversy. The main ground for the recent establishment of a Circuit Court at Pioton, was the fact, that some of tho heaviest oivil cases tried at Nelson oamo from the Province of Marlborough. But what was the effect of tho establishment of a Circuit Court P Has it been found possible to try Marlborough oases in the Province ? It has not. In tho first very serious case from thab district, whioh has occurred sinoe the establishment of a Circuit Court, it was admitted, on both sides, that the place of trial could not be properly fixed within the Province and the venae was changed to Netoon. Gentlemen, you will, 1 am sure, credit me when I say that lam anaotuatod by any personal feelings of aversion to presiding in this Court ; on the contrary, to sit here I feel to be both an honor and a happiness. lam bound to this district by ties not to be broken ; by memories never to be forgotten ; regarding it as I always must with an interest more profound and more personal than I oan legitimately express from this seat. Gentlemen, if you will have the goodness to retire to your room the Crown Solioitor will doubtless be prepared to send iv bills of indictment for your consideration. The grand jury then retired. QUEEN V. WHITCOMBE. Before the grand jury returned into Court, Mr. Halse applied on bohalf of Major H. A. Atkinson, the prosecutor, for leave not to prefer a bill of indictment. The prosecution had arisen oat of a libel published by the defendant, for whioh a written apology had now been tendered and accepted. Mr. Standish appeared for the defendant, and joined iv the application. His Honor, after some remarks on the case, directed that the recognizances of the parties and witnesses be discharged. DISCHARGE OF THE GRAND JURY. The Grand Jury, on returning into Conrt, announced that they had found a true bill against John Redding, for a felonious attempt on his life ; bat that they returned no bill in the obarge of arson. His Honor then asked the grand jnry if they had any presentment to make ; to wbioh the foreman repliod nothing more thau that they agreed with his remarks relative to tho lightness of the charges that had been submitted to them. His Honor : Mr. Forotnan and gentlemen of the grand jury, — You are discharged, and I thank you in the name of the Crown for your attendance. ATTEMPT TO COMMIT SUICIDE. John Redding was charged with having attempted to commit suicide at Carlylo. The prisoner pleaded guilty, and was eeutonced to six months' imprisonment. This being the whole of the business, his Honor released the petty jury from further attendance, and congratulated them npon having nothing to do but hold out their hands to receive pare of the revenue which the law set aßido for their payment. He then adj ourned the Court.