CURRENT TOPICS.

Star (Christchurch), Issue 6128, 15 March 1898, Page 3

CURRENT TOPICS.

The Cabinet should have appeals no difficulty in dealing in with the application of criminal counsel for the condemned cases. murderer Philpott to address the Executive Council on behalf of his client. There are not in the case of the Silverstream tragedy or in the trial of the condemned man Bueh circumstances as would warrant an extraordinary departure of this kind. The allegations made in the sworn affidavit lodged with the Cabinet by Mr Jellicce are that Philpott's trial was prejudiced by sensational reports and photographs published in certain newspapers, inasmuch as public opinion was thereby tixrned against him, and that the jury, perhaps unconr . sciously, shared that prejudice; 'that there were circumstances' in connection with the conduct of the trial inimical to the interests of justice ; also that there were instances in which unfair latitude was given to counsel representing the Crown ; and exception is also taken to the attitude of the presiding Judge. These matters are all within public knowledge, and the Executive Conncil could perfectly well judge of them without hearing Mr Jellicoe's version of them. If prisoner's counsel were allowed to address the Executive on these points, common fairness would demand that the Crown Prosecutor, Mr Justice Edwards, and also the newspapers who were accused of unfair sensationalism should also be present or repregented, so that their view of the facts might be placed against that of Mr Jellicoe. It would be unfortunate if such a method of criminal appeal were sanctioned. The law of New Zealand is already very liberal on the subject of appeal in criminal cases. In addition to the usual appeal on legal points, it allows cf application for a new trial "on the ground that the verdict was against the weight of evidence." If such application is not made, or, being made is refused, there is still appeal "for the mercy of the Crown," when the Executive Council may order a new trial if iit " entertains a doubt " as to the justice of any conviction. There is room for an extension of the right of appeal, as in the case of the discovery of fresh evidence; but, on the whole, the law of New Zealand gives every justice and consideration to condemned' persons. The superstition of the chose jugee, which "has played such a prominent part in the Dreyfus scandal in France, has no hold upon the New Zealand public ; but it is necessary to guard against offering such facilities for appeal in criminal cases as would lead to a defeat of justice. The Executive Council has full power to commute the. capital sentence in the Silverstream case, or to direct that a new trial should take place, but there is nothing in the affidavit of Mr Jellicoe that would, if proved, justify the exercise of either prerogative. According to English duties law, it is now necessary of that men undertaking the bailiffs, duties of bailiffs should know something of the law bearing on their calling, and the statute further implies that the bailiffs should be men of substance and ability, and men who, if they or their understrappers made a mistake, would be able to pay damage. That such precautions are necessary in order to prevent unjust and oppressive ■ actions is evident from a recent examination conducted at the Rotherham County Court into the fitness of applicants for renewal of bailiffs' certificates. Mr Peniston, an auctioneer, who said he had been a bailiff for about sixteen years, was unable to tell the Judge whether he would be within his duties in distraining on a valuable Persian cat. His Honor proceeded : " Well, supposing you had to distrain on the property of a grocer or a draper. Take the latter, and you found an axe which was not used in his business, could you seize it?" Mr Peniston i "I should) sir." His -Honor: "But supposing it was in his hand at the time?" Mr Peniston: "If it was a tool of trade I should not touch it." His Honor : " I have said it was not used in his business." Mr Peniston : " I should seize it." His Honor : " Then you would have an action brought against you, quick." Another candidate, in reply to the same question about the draper with the axe in his hand, said he would wait till the axe was laid down, as "it might be dangerous " to seize it while it was in the man's hand. Bnt his Honor pressed the point if he could legally seize the implement, and on the bailiff of eighteen years' experience saying it was " a fine point," the Judge scornfully said : " It is one that has been settled generations ago." To another applicant his Honor propounded the conundrum : " How long would it take to complete a repleve ?" The bailiff was just ten days wrong in his reply. Another puzzling question was : " Supi pose you found a man riding on a horse i belonging to himself, and you have a distress against him, could you seize the animal if he was just leaving his own premises ?" The applicant was clear that he could not, but the Judge had to enlighten him as to the reason why. "It is," said his Honor, "because there is a likelihood of a breach of the peace." An applicant, who professed to have studied the law bearing on a bailiff's duty, was asked how he would act at a house where a man had taken the house over another man's head, but had not arranged with the landlord ? He replied that he would distrain up to ..£ls, whereupon the judge rapped out, " 1 should say you had better not." Judge Waddy was, of course, correct when he remarked that "the powers vested in a bailiff are exceptional, and a little carelessness might result in tyrannical action to the poor wretches -who have no defence." His questions, however, were, perhaps, unnecessarily severe. At any rate, he granted certificates to all the applicants-even to one who confessed that he had made no study whatever of the law-trusting, it may be, that a wholesome dread of actions for damages would make the bailiffs careful to keep within strictly legal lines. '