A JUDICIAL PUZZLE.

Timaru Herald, Volume XLVIII, Issue 4546, 23 May 1889, Page 3

A JUDICIAL PUZZLE.

-rr. f (Iteltyourno Tcligrmilf) Perhapi lh« most fortunato, and pouibly theiuant bewildered, individual m the colony just no* i» Mr Hteplion Cutler, who^h»» occupied so largely both public attention "nod tbo attention of lJer Majmt/a judgoi durJDji the ]a«t fsvr monthg. Cutler lias been tried onco For murder and twice for perjury duriDg tbe lust fj'A- Tec 1 !!! ;on tho c'jarjo of murdor

he was acquitted, and |it if, of course, only known to Mr Stephen Cutler himself m what degree he deserved that piece of good fortune. Cutler's acquittal on the capital charge was secured by tho exertions of a long procession of witnesses, thirteen m all, who swore m one solid platoon that Cutler was not m Market lane on the evening when the unfortunate Chinaman was kicked to death. Thirteen oaths seem sufficient to provo an alibi, and Cutler marched from the dock a free man. But the police believed that the evidence which saved Cutler represented a huge conspiracy to commit perjury, and the loud-Bwearing thirteen are making their appearance m instalments m the dock instead of the witness box to answer that charge. The first five were promptly found guilty by as man? juries, and receivod the terrible sontence of nine years' imprisonment each. ' The stern language which Mr Justice Williams employed is still within the memory of the public. " I do not hesitate to say," His Honour declared, "that a more bugs or more elaborate conspiracy to commit perjury has ever been unearthed m this court. Tho ' Winter ' perjury cases, aa they were called, bad as they were, neither for skilful elabora* tion, ingenious adaptation, corroborative and harmonious strength, nor as regards the number engaged, approach the perjury of which you five men havo been found guilty. The severest penalty," His Honour held, "was necessary to suppress perjury, a crime which may not only imperil life, liberty, tho right of property, and tho well-being of society, but which may paralyse the administration of the law." It is perfectly clear sailing up to this point, The men who, to rescue their " pal " from the gallows, had elaborated a huge scheme of perjury were properly overtaken by judicial penalty. Their faleo oaths, however, had succeeded, and Cutler, having been acquitted on the charge of murder, could not be retried. Cutler, howevor, on the principle that one good turn deserves another, had gone into the witness-box when his hardswearing mates wore being tried, und added his oath to theirs. If they were perjurers, it was plain so was he ; and public opinion, shocked at what seemed to be the undeserved escape of v murderer, welcomed with satisfaction the prospect that, at all events, the criminal would bo punished as a perjurer. But here comes the circumstances which may well bewilder the public understanding. Five distinct juries, having exactly tho same evidence submitted to them, were uuanimous m finding that perjury had been committed ; Cutler, Ibefons et origo of the whole trouble, has been tried by two juries successively who have had before them the lime evidence on which the previous juries had decided. One of tho juries before whom Cutler was tried failed to agree ; tho other brought m v verdict of acquittal! Here, then, is a state of things which may -well Bet tho public agape with mere amazement. Taking the bare rocital of the facts, ninety-nine persons out of a hundred would declare, ' without any hesitation, that there had been a gross failure of justice. The question of fact to be decided is whether Cutler was io Market Lane at the time of the murder. Five juries, on the evidence submitted to them, unheeitatingly declared "yes ;" m the recent trial of Cutler, fourteen witnesses were produced against him, ami, to quote from the charge of the Chief Justice, "all positively, from their personal observation, sworo that tho prisoner was m Market lane that day. They spoke from various standpoint!, and thoy observed from different points ; but thoy nil united m this— that the prisoner was m Market Lane, and taking an active part m what was going on m Market Lano that day." That the Chief Justice himself held the evidence to be conclusive is clear. " His Honour thought that stronger evidence could not ;be given that the prisoner wa.s m Market lane than that which described tho prisoner's manuer, which «as such as to fix the attention of people m the locality upon him." Here, then, on a question of fact, we have the verdicts of five juries, the testimony of fourteen witnesses, and the declaration of the Chief Justice tint " stronger ovidence aould not be given " than that which was advanoed m this particular case, and yet Cutler was acquitted ! He i«, wa repeat, a ejngularly fortunate individual. The fact of his acquietal, however, has to bo accepted, and how does the whole case stand f The fourteen witnesses who gave evidence against Cutler are, by the verdict of the jury -which acquitted him, themselves declared to be liars and perjurers! The five juries who had previously given a decision on the fact m debate are affirmed to be blunderers, who have sent innocent men to aa undeserved doom. And if Cutler is acquitted as an innocent man, what is the ppsjtion of his five allies who are just beginning their nine years' sentence (n Ponf : ridge ? If these men ara guilty — and five juries say they aro— Cutler is not innocent. But another jury utterly rejects the theory of Cutler's guilt, and acquits him as innocent ; and if ho bo innocent bo arc the other five. The whole ciees give now significance and odge to all familinr satire expended on our system of trial by jury. That '• palladium of British freedom " v sadly shorn of public reverence, and as an instrument of justice is visibly an imperfect and clumsy tiling. We are not concerned, however, to diacuss the general merits of our boasted system of trial by jury ; the particular caso before us is an intolerable scandal to common tense. If Cutler is not a criminal, then tho live m.an m Pentridge tire martyrs. They have tolp the truth, and told it ta save their friend, and as s. penalty they must epond nine years m gaol .' We oonfes" this Lheory is ons whiob, m tho light of all the evidence, seems wildly improbable ; but it is the only po«siblo thoory on the supposition that the jury which acquitted Cutler was right. On any theory there haß been an intolerable failure of justice If the men m Pentridge are guilty, thon so is Cutler. Nay, he is guiltier than they, for their crime had as its inspiration a porvortod sort of chivalry ; it'was undertaken to rave their " pal." But if Culler is innocent thon, wo repeat, those men are martyrs, and the machinery of justice has been perverted to destroy tho innocent. Whichever theory is taken the result is a scandal to our judicial system, and it seems impossible that the ca<e can be loft at ita present stage. Whit d.o»s [ho AttotnoyGeneral propose to do f