The Timaru Herald. MONDAY NOVEMBER 26. 1900.

Timaru Herald, Volume LXIV, Issue 3430, 26 November 1900, Page 2

The Timaru Herald. MONDAY NOVEMBER 26. 1900.

The question of securing the represents- d tion of the colonies m the counsels of the fl Empire cropped up once more at the dinner given last week to Lord Brassey by the R London Chamber of Commerce. We can- h not say much for the suggestions which were made. The solution of the difficulty £ appears to be as far off as ever. There " enn be no objection to the convening of J an Imperi-.il Conference on defence, as v,-m> t advocated by Sir George Clarke. The j, Conference would be a merely temporary gathering, and the business would be con- ( fined to one subject. Besides which any conclusions arrived at would not be bind- * ing either on the Tmperinl authorities or . the colonies unless endorsed by the British j Parliament as well as by the legislatures a of the colonies. The proposed Confer- ii ence, therefore, does not touch the question of representation. The Hon. Mr ' Reeves, the Agent-General for New Zeii- t land, made two suggestions, but it is j doubtful whether ho was expressing his \ personal views, or had been prompted by t the Premier of New Zealand. Mr Reeves < advocated (1) the creation of an Imperial 1 Council with colonial representatives, and { (2) that a, limited number of colonial states- ( men should be called to the House of Lords. The Imperial Council is not a i new ide-.i, but it has very much the ap- ' pearance of a fifth wheel to the coach, j or to a. very ugly excrescence on the Im- j perial legislature. There is no room for i such an addition, and the British public ] do not intend to supplement " Queen, Lords, and Commons,'' by any such new- , fnngled dovice. Nor does there seem to be < much more merit m Mr Reeves' proposal ' that a. few colonial statesmen should be called to the House of Lords. They ', would not be representatives of the colonies m any true sense, and it is hard to see what good they could accomplish. Possibly the Premier is desirous of getting into the House of Lords as Baron Kumara or Viscount Hokitika, but no one else wants to see him there. The thing is nonsense. The colonies cannot be brought into closer relations with the Mother Country by making lords of colonial statesmen. What Ls principally needed, and it is really all that is attainable, is a good advisory Board to the Colonial Office, and that might be accomplished by a banding together of the various Agents-General, with the addition perhaps of a few other prominent men from the colonies. But they would be advisers and nothing more. We are at present debarred from commenting on the merits of the Styche case because it is still " sub judice," but there is no reason why something should not be said us to the legal provision under which the prisoner has been enabled to keep the business still before the Courts. On Thursday last, m the Supreme Court m Christchurch, before Mr Justice Martin, Styche was convicted of having attempted to procure the murder of his wife, which, undei) Section 169 of the Criminal Code Act. 1893, is a crime punishable with imprisonment with hard labour for ten years. Tli.it ih the highest punishment, but the Court has the power to inflict any shorter term of imprisonment with hurd labour. Immediately after the conviction prisoner's counsel asked the Judge to give him an opportunity of applying for leave to take the case to the Court of Appeal on the ground that the verdict was against the weight of evidence. His Honour thereupon deferred passing sentence till Saturday morning. On that day prisoner's counsel made his formal application for leave to appeal, which Mr Justice Martin granted, at the same time sentencing Stycho to seven years' hard labour, the sentence to be euspended till the next sittings of the Court of Appeal, or until the matter ia disposed of earlier. Meanwhile Styche of course remains m custody, but will not be treated as a convicted prisoner. The application to the Court of Appeal will be for a new trial on the ground stated above. It is only since the passing of the Criminal Code Act, 1893, that there has been any provision for a now trial m, criminal cases m this colony. Previously to that time, if a prisoner had been unjustly convicted, the only way m which the matter could be set right was by the Crown granting a pardon, which | was ii very clumsy and illogical expedient, for an innocent man or one against whom the evidence is insufficient should not re- ] quire a pardon. The provision as to new i trials m criminal cases is contained m Section 416 of the Criminal Code Act, which is as follows : — -"After a, conviction of liny j person for any criiuo the Court before which ; the trial took place may, during the sit- ' ting, or afterwards, give leave to the per- ' son convicted to apply for a new trial to the Court of Appeal, on the ground that , the verdict was against the weight of cvi- t deuce, and the Court of Appeal may, upon ' hearing such motion, direct a new trial ' if it thinks fit." We do not remember jj nny instance m which the Court of Ap- j penl has been applied to under that Fee- i tion, and therefore cannot say what it ' the method of procedure. It is evident, however, that, before disposing of the mo- f tiou. the Court must have before it even- g particle of evidence which was given at « the original trial. Probably the Judge's " notes will be laid before the Court, ;tnd they will suffice for the purpose m hand, y Some people ars> under the impression that, v Mr Justice Martin having allowed the mat- ti ter to be taken to tlie Court of Appeal, f thero will be a new trial as a matter of n course, but thnt is an altogether erroneous h idea. The Court m its discretion may d either order :i new trial or dismiss the motion. Iv tlie former event Styche will again be tried m the ordinary way m the „ Supreme Court: m the latter event, the si sentence pronounced by Mr Justice Mar- P tin will immediately become operative. It n will, we think, be admitted that the present state of tho law with regard to ap- t peals m criminal cases is much more cmulu- fi civo to a proper administration of justice oi than was the law prior to tlie legislation >v of 1893. The dour is not opened to fri- "' volous delays, and yet a fair opportunity j ( is given for obtaining a revision of the S c original verdict if, m the opinion of the tr. Court of Appeal, such revision is neces- f° BWT " — _-_