JUDGE AND JURY.

Taranaki Herald, Volume LV, Issue 14011, 16 September 1909, Page 2

JUDGE AND JURY.

Much a.-. we dislike criticising a gentleman w ho holds so honourable and responsible a position as that ol a Supreme Court Judge, we feel constrained to take exception to remarks which have fallen from Mr. Justice Edwards during the present sessions ot the couit. Were it an isolated mcidci.t we would willingly pass it over without a word of comment, but at pre\ ions ■iittmpi there has been similar ground for complaint, though never perhaps m> marked as this week. The first cat-o triod was a charge of forgery against a youth of nineteen. His Honour, in summing up, made a remark which wns uncalled for ami insulting to the intelligence of the jury when he said: "If you believe that a settler, even if he he addicted to drink, should he robhed in this wav, you will acquit iho prisoner." The jury did acquit the prisoner, to whom his Honour then addressed these words: "If not a forger you are a thief. With very great re»ret I am compelled t<> turn you loo** 1 upon society again." Had the accused licen a hardened criminal with a long list of previous convictions agaiiiHt him the words might have been justified u»

far as they applied to the accused, but in the case ot a youth with nothing previously against his character a f e w words of kindly advice would have better befitted the occasion, and possibu have had the effect of appealing to the better side of the young fellow's nature — for at his age he must have a better side. Insteao of that he is sent forth branded as a thief by a judge, "turned loose upon society," as his Honour put it, as though he were a dangerous criminal. So far as the remarks implied a rebuke of the jury they were mo,t improper. It was the jurors' function, not his Honour's, to try the accused and pass judgment on the facts, and if they could not see their way to convict him on tho evidence laid before thorn they were quite right to acquit him. Then in the case of indecent assault, two juries were unable to agree, but Ins Honour again impliedly rebuked them by telling the accused that he "merely turned him loose, let him out." This also was an improper and uncalled-for remark. Again, strong exception must be taken to his Honour's manner and bearing towards the Bar. especially towards the junior members, who have a right to expect as much courtesy, and perhaps a little more patience and kindly assistance than more experienced counsel. In the action heard yesterday, in which complicated accounts were in question, his Honour was positively rude to the counsel appearing for both sides. If his Honour wished to get the proceedings over as quickly as possible in order that he might get' away to the Appeal Court the obvious moral is that in future nrrancement of the circuit more tii"e should bo givon to tho sessions nt tins centre. In any case, nothing can excuse discourtesy from the Bench towards the Bar. A Supreme Court judire is absolute while on the Bench. He cannot be answered back, or at lens! if he is he can very effectively nut bis foot down upon the offender. But tbe very fact that he is absolute should make him the more guarded in his own manner, that it is not overbearing or discourteous. It pains vis to refer to these matters, but those who have felt the lash of his Honour's anger and imnatience during the last day or two bave naturally been unable to resent it themselves, and we think they have deserved better at his Honour's hands.

The Stratford County engineer Ins been instructed to make an experiment with a coating of asphalt on the decking of one of the bridges in the county with a view to ascertaining whether it would preserve the life of the timber. Through an oversight Miss Edith Rodgers name was omitted from the lists of those who were successful in passing the Trinity College examinations last Friday. Miss Rodgers obtained^ a pass in the junior division with 72 marks. The saw millers are all very busy and have more orders than they can contend with (says the Ohakune correspondent of the Wanganui Chronicle). Several of the owners intend to almost double their hands shortly, and by next summer the timber traffic from Ohakune will be very heavy. Intimation that the Government has no present intention of building a new Parliament House has been received by the Wellington City Council, accompanied by an intimation that if the Council requires to take a part of the land bordering Charlotte Street, in connection with the proposed tramway diversion by way of that street, compensation would be required. The department has no objection (says the Post) to the proposed diversion being made. The Stratford County Council has decided that Mr. Hine, M.P., be asked to draw the attention of the Minister of Railways to the need of a train once a week during the summer to »uit the dairy settlers in the Toko, Douglas, Tututawa, and Huiroa districts, as the present service cannot be made use of by them, and suggesting that a train leave Huiroa at t).30 a.m. on Saturdays, leaving Stratford for Huiroa ct 3.30 p.m. It is expected that the Police Commission will finish the taking of evidence this week, with the exception of that of Commissioner Dionie <say» The Dominion). There will then ke an adjournment of about a week, so that Mr. Dinnie may go through the previous evidence and prepare his statement, as it will naturally partake of the nature of a defence of his administration. All parties concerned will then have an opportunity of cross-examin-ing him. It was stated a few days ago that an organ: in the Wanganui Museum, which dates back to 1825, is the oldest in New Zealand. Mr. F. W. May, who , was lately organist for the Baptist Church at Ponsonby, Auckland, formerly known as Old St. Paul's Church, on Britomart Hill, says that there is a pipe, organ in that church which bears the date of 1779. It is a one manual, is powerful for its site and is a very sweetly toned instrument. It has been repaired repeatedly, but many of the original -pipes are still left in it. . The Stratford County Council has decided, on the suggestion of its chairman, to draw the attention of the Taranaki jCounty Council to the corrosion going on at the Waipuku Bridge with a view to tho engineers of the two local authorities conferring on the matter and endeavouring to devise same method of preserving the structure. Tho Waipuku Bridge is a boundary one, and Mr. Marchant, who had recently been over the bridge, produce*! , Jqase pieces of rust he had removed with his' fingers as he passed along. • „. During the hearing in the Supreme Court yesterday of a case in which bis Honour had already expressed the opinion that it was one that should havf been referred to arbitration, Mr. Justice Edwards remarked that he knew >'i was the fashion to say that a jury w. tan unnecessary and useless appendai;? of the court. But he was sure that o jury of twelve men, or even of four business men, would be more likely to arrive at a correct conclusion from facts such as those in this case than one lav, - yer could do. "The ranger's time is up for impounding stock in the West Hiding »t the end of this month," reported the foreman to the Stratford County Coniteil yesterday, "and I think it would lx> much better if be is kept on for another month, for there is some feed qetti:i'4 about the roads now and there is net much on some of the farms, f heref . i;• there will be a lot of stock turned en the roads and they will do a lot of .harm to the water tables." The rank's jurisdiction on the road was extended for a further three months. The losses incurred in connection with the cashing of forged totalisator tickets is no small item, according to the evidence given by a totalisator proprietor before the Supreme Court at Auckland last week. Since the beginning of the year tickets, amounting in value to hundreds of pounds, had been passed on the Auckland racecourses, and in the experience of the witness, all at the "late" window. In connection with one meeting alone the loss was £So. Every precaution appears to be taken to prevent fraud, ny numbering and stamping all the tickets a few minutes before each race, but with all that criminal ingenuity triumphs. Some of the "faked" tickets placed before the i Supreme Court were hard to distinguish from the genuine article. It may interest many of our readers to recall some of the prices received for butter in Taranaki in the earlier dav«of the industry. In 1893 we published a table showing' the average prices paid by dealers during the previous ten years. The lowest price touched during the decade was 4d per lb., which was the market price in January 1887. January 1888. May 1890, and April ami May .lß9l. The highest figure was 13d. which was paid for two weeks in July 1892. Dividing the year into two .'en ■ sons, thirty weeks from September ta March inclusive, and twenty-two weeks from April to August inclusive, it was found that tlie lowest average for n season was 4.90 d per lb. for the period September 1890 to March 1891. In 1887-88 the average was 5.26 d, in 188087 it was 5.46 d, and in 1889-90 it was 0.61(1. The best summer season .ras in 1885-86, when an average of 8.25 d was paid. For winter butter an average ot 11.04 d was paid in 1884. but in 1890 the average was only 6.63 d. Dr. Bell, director ot Geological Survey, has paid a visit to Orepuki to inspect the Mack sand and shale deposits. He brought away with him large quantities ot minerals, and he hopes to be able to furnish a written report in a few days. Regarding the platinum deposits he was not sanguine. The samples shown to him he considered did not contain much platinum. What was considered to be that metal was a different metal altogether, although there might be a proportion of platinum in them. Regarding the shale, he was ot the opinion that the method of milling it that had been adopted w«h not the best, and he regretted that the best methods were not in operation. He was strongly of opinion that a rough geological survey should he made o\ the West Waiau country lying between Lake Haurnto and Lake Monowai thence west to the Sounds. He considered that this could l>e done within a period ot three months, and would strongly iccomniend that this should ho carried out, it possible, during the months ot January, February and March. From reports as to the geological formation of that country and specimens shown to him. he thought there was a possibility ot timling tin. a lariie deposit of which would he » splendid asset to the. country, as tin was becoming scarcer every year. In any ease it was in the interests of the country that something should he known about what was now » terra incognita,

We understand that a factory output ..-•5 sold in New PI \ mouth yesterday at 10* d. The New Plymouth sessions of the Supreme Court concluded yesterday afternoon. Mails for the United Kingdom and tho Continent dispatched (via Suez) ( n August 6 arrived at London on September 12. On Monday. Scptemlwr 13, the will of Henry Faull, late of Tikorangi, was proved before Mr- Justice Edwards, and on the application of Mr. Hughesprobate was granted to Mrs. Mary Rebecca Faull, the widow of the deceased . During tho next few days our canvasser will Ik* railing on the biiMiie,> pc >ple of the distnct in connection wui the Taianaki Herald and Dudgct calendar, which will again be published shortly before Christmas. The calendar will be illustrated and nicelj prepared, and w ill offer an excellent advertising medium. A man named Albert Edward Palmer, who had been arrested on the previous day on an information laid by his wife, was brought belore Mr. H. S. Fitzherbert, S.M., yesterday atternoon on a charge of wito desertion. The case was dismissed, no evidence being offered, l'almer had only gone to Hawera to look for work, and had returned to his home on Friday last. As tho success of the trip made by the Talune to the West Coast Sounds at Easter indicates that shorter trips than before and cheaper fares meet the views ot tourists,' and as the holidays ol most New Zealanders are limited, the Union Steam Ship Company has revised the conditions ot the Waikare's summer trip to the Sounds. Two trips will be made. On the first excursion the vessel will leave Dunedin on December 23, returning on December 29. On the second trip she will leave Dunedin on December 30, arriving back at that port on January 3.

Japan is the home of unconscious humour. What ii perfectly serious to them appeals to us a£ irre&istiblv funny. lor "Good morning" they say "Ohio." It is sup|M)sed that "Good night*' is 'Liverpool." The real fun is contained in the signs, of which the following are a few specimens of mangled English as she is Japped :- -Over a ladies tailor shop: "Draper. Milliner, and Ladies,' Outfitter. The ribbons., the laces, the veils, the feeling" (frillingsp) Laundry sign : "We mout cleanly and carefully wash oitf customers with cheap prices as under; l.adies. eight shillings a hundred; gentlemen, seven shillings."

Prohibition orders are responsible ft>r a new phase of bookmaking, and pencillers are now prepared to underwrite the fines which are likely to be inflicted on those who obtain liquor durjtiK their prohibited period (writes the Iv'orthern Wairoa correspondent of the Auckland Herald). Recently an interdicted individual wa/s charged with having procured liquor, and, to ensure his somewhat sparse funds, wagered with a penciller the sum of 10s that he would not be fined £2. In the course of time he appeared before the bench, haltingly confessed his misdemeanour, pleaded' hard times, was fined 7s 6d. and straightway repcired t«»-collect his wager, rejoicing in the fact that he had benefited to the extent .of half-a-crown by his contravention of the statute. - . <=«,•• It was in the year 1773 that John Bellamy, the deputy-housekeeper of the House of Commons, was persuaded to fit up a couple of small -rooma and to cater for the members. For many and many a year tho dining part of the House was known as "Bellamy's," inst as the official reports are often called "Hansard" to this day. Only a few years ago (states a writer in the Glasgow Weekly Citizen) I dined in the press part of the House with the chief of the official reporters from the New Zealand Parliament, and he asked me if we had our supplies from "Bellamy's." 1 scarcely knew wlfcat he moant, and was. interested to learn that in the comparatively young Parliament of New Zealand thfe name, which has disappeared from*- Westminster, where it first became lenewn, ' is still used in ordinary/ conversation every day. . The second Annual bulb and spring flower show promoted by the' members of Whitelev Memorial Church is being held in the Whitelev Hall to-day and to-morrow. The show it> a particularly fine one and a distinct advance on last year's, notwithstanding the great advance of the inaugural effort. In addition to the large, number of blooms entered in the competitive section, there arc several choice collections on exhibition onl\, including those of the New Plymouth nurseries-— the Morshcad Nursery .Company and Mr. J. R. Duncan — whilst, (prominent among private exhibitors are Mr. S. W. Shaw, Mrs. Vickery (Tikorangi), Mr. Saunders CNgaere), 'Mr.- Freethy, Mr. Gibson, and Mrs. Fraser (Carrington Road). In addition to the' competitions for blooms, prises are also being awarded for the best decorated mantle, table, basket, bowl, vase, and also for the best button-hole. A varied assortment of useful and fancy goods is offered. for sale, and there is the usual lollie stall well stocked with sweets.