THE CASE OF TYSON V. HAVES.

Tuapeka Times, Volume III, Issue 175, 15 June 1871, Page 6

THE CASE OF TYSON V. HAVES.

(To tiw Editor.)

Sin, — It will be remembered by some of your readers that some weeks ago two informations were laid by William Tyson against our much-esteemed townsman, Mr. William Hayes, charging the latter with wilful and corrupt perjury, and that Mr. Copland and Mr. Stamper appeared to prosecute. It will also doubtless be remembered that both cases were dismissed by the Bench, and that in one of them no defence was asked for. The dismissal of both cases was so absolute as to amount almost to being " laughed out of court." Tour readers will probably further remember that, notwithstanding the dismissal of the case, the prosecutor insisted upon taking advantage of that extraordinary statute called " The Vexatious Indictments Act, 1870," which gives a prosecutor power to prefer an indictment in the Supreme Court, notwithstanding the fact that a bench of magistrates dismissed the charge ; and further, that the prosecutor is not called upon to provide any security except his own recognizance to prosecute; so that accused, be he ever so innocent, has no chance of remedy if the prosecutor is a man of straw. It appears that Mr. Hayes was not bound over in any way to appear at the Supreme Court, and received no notice of any kind that any charge was going to be preferred against him ; but on the contrary, a notification was received from the Attorney-General that the Crown Prosecutor's services 'w-sy^ld not be at the disposal of the .prosecutor, and that if the cases were proceeded with, it would have tp be by private indictment, at prosecutor's private cost. In the case wherein it was necessary to take witnesses from a distance, Mr. Tyson wont to no trouble, and the case lapsed ; but in the other ca a o, where he had his witnesses in Dunedin, lie proceeded, and Mr. Hayes having received no notice, and consequently prepared no answer to the charge (which is well known all over the district to be an absurd one), a true bill was the result — the fact being that the Grand Jury had nothing to go upon but the ipse dixlt — the one side — presented by the prosecutor. The astonishment folt and expressed last week when the fact became known that an indictment had been presented against Mr. Hayes under such circum-stances-—that is, without any intimation being given to him that such was to be done — will be readily understood by all who know Mr. Hayes ; and I need hardly add that the exposure of the circumstances of this proceeding, which will now of course be made, will be hailed with delight by all lovers of truth and justice, as wcil as with satisfaction, as every person who knows Mr. Hayes is so aware of the facts as to have no doubt whatever as to his entire and complete innocence. —I am, &c, Alpha.