West Coast Times. WEDNESDAY, JANUARY 10, 1866.

West Coast Times, 10 January 1866, Page 2

West Coast Times. WEDNESDAY, JANUARY 10, 1866.

Wii have already alluded to Mr. Justice Gresson's visit to Hokitika, as an event not .unlikely to prove of great advantage to the administration of justice on the West Coast. The number of prisoners his Honor will have to try can scarcely fail to impress him with n sense of tho importance) of holding a gaol delivery moro frequently than twice a year. Even with far superior prison accommodation to any existing, or even projected here, tho practico would bo intolerable of keeping men confined for a period approximating to a half of tho year, upon undetermined charges. We believe, as a rulo, committals are more frequent in Ne^y Zealand —perhaps in all tho colonies — than .. at home. Colonial Magistrates are in tho habit of sending many cases to a jury, which a Bench of Justices in the old country would deem unsupported by any sufficient prima facie proof. Prosecutions aro .very loosely conducted, and it seems to be an accepted conclusion that anything like nn exhaustive or very close investigation of the facts upon which tho charge is built, may be most conveniently remitted to another tribunal. Since an occusation is seldom brought without 1 at least some color of cause, it follows that this convenient practice of asuming that the evidence is sufficient to go to a jury, loads frequently to a long term of punishment before- trial — a punishment which the trial itself often proves -to have been undeserved." If the old maxim be true " Jvdex damnntu)' cum nooens übsolvitur," thoro is equal truth in its converse, and the magistrate stands condemned when tho innocaut is punished. We do not, of course expect from the magistrate with whom lies tho option of committal or dismissal, the

same searching investigation as is provided for by tho moro elaborate machinery of tho higher courts, nor would it be safe to dispense with juries in important criminal cases by legitimising the practice of summary conviction. It is well known, however— and tho frequency of the instances in which tho Attorney-General determines not to proceed with tho prosecution, or in which the grand jury refuse to find a bill, is proof of tho fact— that-many men" am sent to take their trial at the assisso against whom tho assumption of guilt is of tho feeblest character. Such being the ease, it is plainly tho duty of the Government to bring committed persons to trial with tho least possible delay. By no othor course can the frequent recurrenco of practical injustice bo avoided. Where men arc proved to bo guilty, it is an cosy thing for tho sentencing judgo, to tako the term of previous imprisonment i nto consideration. But where the jury propounce tho verdict of " not guilty," no adequate recompense can be made to the man who has suffered months of undeserved incarceration. Indeed the law does not affect to mako compensation. In this respect Justice is essentially unjust. Tho commital by the Magistrate creates tho assumption that a bona fide case of suspicion exists, and virtually bars all action for falso imprisonment or malicious prosecution. In the courso of tho trial the innocence of the accused may be domonstratod with even mathematical precision and certainty. But tho utmost tho judgo can do jn such a case, is to toll tho prisoner that, he leaves the dock with a character unstained. He cannot cancel' tho bitter months of undeserved imprisonment that havfi preceded the trial. Nothing is clearer, therefore, than tho duty of tho department charged with tho administration of justice, to reduce to a minimum tho interval botweon tho committal and trial of a prisoner. Wo prefer resting tho case on this broad, general ground, without the employment of any arguments bearing "on tho question of public expense. Looking at tlio matter simply from the point of view wo havo suggested, it must be admitted that tho arrangement under which thero are to bo only two gaol deliveries on tho West Coast, in the course of the year, will amount in many cases to a failure of justice, in tho infliction of punishmem upon innocent persons. As regards tho civil jurisdiction of tho Court, Mr Justice Gresson may possibly receive a falso impression from the fact that only one cause is sot down for trial during tho present Sittings. This is by no means an indication of tho paucity of civil law business on the West Coast, or of any indisposition on the part of the public to avail themselves of the machinery of the Supreme rather than of the inferior courts. We have already directed ' tho attention of His Honor to tho very humorous enscs involving important and intricate questions of law which come weekly before the Resident Magistrate for adjudication. It is not to be supposed that in these oast\s the litigants prefer taking the decision of a gentleman who is not to be expected to prove himself a depository of legal lore, and who is not even assisted' by a jury or a bench of assessors. What is the real significance of tho fact that .His Honor has virtually no cause list to 'leal with ?' It is that-the long delay* in opening the Supreme Court in Hokitika, lv s rendered it impossible for parties interested to wait Tor it. Tho extended jurisdiction of the Magistrate's Court has givon them a rough and ready remedy, which they have boon glad to avail themselves of. They would rather have even an imperfect and blundering justice than a justice long deferred. Whilst tho sittings of the Supremo Court are limited to two a year, tho Court will never be resorted to, except in very rnro cases, and the public of Hokitika will be practically deprived of the right of having thoir suits determined by the verdict of a jury. The custom is common uudor tho present arrangement, of reducing claims, so ns to bring them within the jurisdiction of tho magistrate—n fact which itself sufficiently proves tho value set by our businoss inon upon a speedy in preference to a deferred justice. The necessities of the district require cither a resident judgo or frequent sittings of the Supremo Court. And so long as both theso concessions aro withheld, tho impression -will continue to gain ground that there is a deliberate design to forco Westland litigants into tho Christchurch courts, rather than allow them to havo justice adequately administered on the spot. That is reported to bo " the idea." There is an able and powerful bar on tho cast of tho range, whoso pockets gape for tho rich feps of Wostland suitors, just as there aro merchants thero who think they ought to havo tho monopoly of supplying the Wostland markets. It is to bo hoped that Mr Justice Gresson will exerciso his powers of observation , uninflupneed by tho official entourage by which he is surrounded, nnd mark woll for himself the requirements of Hokitika. It will bo the duty of the Grand Jury to make n presentment to his Honor on this subject, and it will be tho duty of tho bar to bring directly under his notice the circumstances ?that presently deprive tho inhabitants of one ol tho most important judicial districts of the colony, of tho same facilities for obtaining legal redress, ns are enjoyed generally throughout Now Zealand.

Tho Melbourno Argus hns tho following gold statistics, which are of interest : — "Tlio clearances of gold effected during the week' havonniountod to 90,91<10z5, of which 10,49-lozs wcro transhipments from Now Zealand. The amount oxportod from tho beginning of tho year is 1,73-1,912 ozs, and of this quantity 169,458 ozs enmo from Now Zoiiltmci. The cntiro quantity of gold oxportod during tho corresponding poriod of last year amounted to 1,818,346 ozs, of whioh 224,913 ozs wore tho produce of Now Zealand gold-fiolds. The Hobart Town Mercury of tho 28th ult. roports that " Mr J.W. Graves, the enterprising scerotnry of (ho Acolimntisntion Socioty, returned from n visit lo Finuklin Island on Tuosday, and reports everything to bo progrossing favorably, Tho English and native

grasses especially havo grown most luxuriantly, and Iho crops now reach thrco or four feet high. Thoro is also a vory flno orop of barloy on tho island. Tho pheasants havo mndo thcmsolvo3 quito nt homo, and bid fair to increase rapidly. Tho first brood was soon by tho gnmokoopor on tho 12th instant, but thoy havo not been disturbod. Tho door alsoaro in oxcellcnt condition, nnd ovorylhing on tho island appears to bo thriving. It is to bo hopod the slock will bo shortly increased, ns thcro is now nbundnnco of food nnd water to Btipport un immense numborof animals."

** According to announcomonl, Miss Edith I'almcrston again nppoarod at tho Thoatro Hoynl last night, hor intended visit to the Grey boing postponed ponding thb completion of certain indisponsnblo arraugoinonts, and a chango in tho late vory unfavorablo wonthor,, which rondors travelling in such a- country ns this i 9, almost an impossibility to a delicate fomnlo. The amusement provided Inst ovoning was moro variod than usual, tho services of Miss Annio Uoaumont and' Professor Parker having been scoured for tlio »fivo nights.of Miss Palmorston's prolonged stay in Ilokilikn, and from the manner ench of them wns received, we feel sure their efforts to plenso were thoroughly successful. Miss Palmerston, ns usual, wns charmingly versatile, appearing to great advantage in several of her favorite characters, including Nolly O'Neil, Yolanto, Kitty Urushit, and Ophelia. The song, of " Do Dear," which on several occasions sho has introduced by special request, sho again sang with more thnn her usual piquancy, calling down well doserved npphuse from her delighted audience. Miss Bonumont, nlso received- a very henrty reception, boing several times encored^ We aro glad to hear her voico has lost none of that melody, which in times gone by, rendered her such a favoriio whore ver she made an appearance. Tho Professor's fents of swordsmanship finished nn entertninmont that we have never seen equalled in llokitikn. By a reference to our advertising columns it will bo seen that a tempting programme's provided for this evening, nn(J it is to bo hoped iho public will respond to tho call, and givo expression of thoir approJwggn. "On Monday last Peter Prico, for damaging

property belonging to Mr Laory, was fined 40s. at tlio Resident Magistrate's Court. The only other enso was an aution for L 25 on an IOU, iti which judgment was givon for tho plaintiff. Some cases, in which Constnblo Carr, who wns recently accidentally shot, was a material witness, wero heard r.t fie Camp, in order to allow

tho wounded mnn to givo his evidence. The rosult of tlieso has already nppearod, and it is not necessary to repeat them. We are glad to say that Carr is rapidly recovering, and in a week or two will be lit for duty.

Tho business of tho ltesidont Magistrate's Court yesterday was very light, the sitting being concluded in less than an hour. _Ono

drunkard was fined, and ono dofonded case — Isaacs v. Smith— was licnrd. It was an notion on an 10 U, and a vovdiot for tho amount churned. LlO, was given. Sevoml othor cases were called, but thoy either went by default, or no npponranco was put in. Tho plant, &c, of tho Wostknd Evoning Mail was yesterday ollbrod by auction by Messrs M'Landross, Ilopburn, nnd Co.) nnd sold to Mr S. Synnns for £107. Tho building wns subsequently withdrawn, £115 being tho highest bid for it. . •

Tho now thonlro is, wo may say, now fairly started, for tho levels 'wero givon by Mr Smithi tho architect, yesterday, and this morning tho contractor commences work. Wo have ulroady noticed this .building, and hopo soon to havo tho pleasuro of ohronieling its completion. Tho term allowod tho contractor is five weoks, and wo undorstitnd that by that time Mr Bnrtlott will bo roady to opon with a first-class company. His Honor Judgo Grosson paid a visit of inspection yesterday to thnt cluster of littlo buildings within tho Camp fouco, yelopt tho gaol. Aftor going tho pounds of tho various cells, outbuildings, &c, ho oxpresscd himself umch astonished at tho insufliciency of the accommodation provided, and hinted nt tho necessity of pushing on tho now gaol as quickly' ns possiblo. Wo aro not at all surprised at Uvo conclusion his Honor arrived nt, for the gnol is a standing disgrace to' tho province, nnd ensts n stigma- upon all unfortunnto enough to bo connected with it. At prosont it is filled nlmost to overflowing, thoro not being room in tho cells proper for anolhor inmate Even tho room dovotod to look-up purposes, which should bo used for casual arrivals and for tho night only, boing appropriated for the reception of criminals charged with sterner olfencos, and any fresh arrivals will havo to bo oonflnod in a room in

tho old courthouse, sot apart for females, and which is insecure in tho oxtromo. Wo sincerely trust thc~now gnol will boproccedod with and completed as quickly. as possiblo. By tho way, wo should liko to know whereabouts its futuro site "will bo, ( as tho information wo hnvo rocoivoil on this point is oxcood-

ingly confliotiiig. At a Into hour Inst night, two pn'sonors were brought into JJokitika under sentence from the Grey. Ono of thorn, named Stephen Roberts, had been found guilty of larceny, for whioh he is doomed to durance vile, combined with n little

health ful exercise, for two calendar months ; tho other, one William Erskino, a seaman belonging to tho schooner Highlander, being sentenced to lml f thnt term of punishment, for insubordination on board his vessel, in refusing to oboy the commands of tho captain

Tho returns from tho Gaol for tho week ending Saturday, January G, areas follow :— Committed for trial, 1 ; sentenced to different terms of hnrd labor, 5 ; imprisoned for debt, 1 ; total admitted, 7 i discharged from custody 3. Tho

number in confinement at tho abovo date was 38 committed men, Li sentenced, 6 under romaud, nnd 3 debtors. Tho llokitikn Volunteer Firo Brignde held a mooting on Monday last, nt which n good donl of

isincss was transacted. Money was voted for

tho purchase of a hook and ladder apparatus, and also for uniforms, for which orders havo already been transmitted to Melbourne. Six now members wcro enrolled, nnd several enndi-

dates for admission wero proposed. Thobrigado now numbors sixty members, and although its services havo not yet been called into activo requisition, we congratulate the town on its possessing a body well fitted to do duty on any omergenoy thnt may arise. Let firo bo ever distant from us ; but let. tho Brigtulo bo ovor cherished. Wo mentioned somo

time back that tho Brigade had applied for a grant of tho llevcll and Hamilton streets corner of tho Camp Uesorvo, for tho site of thoir engine-house, in lieu of the pieco of land promised thorn on tho low ground behind. In support of this claim a doputntion waited on the Commissioner, and represented that as a site on tho resorvo had been granted to tlio Bnnk of New Zealand, a similar concession might bo very fairly demanded \>y a public volunturybody like the brigade. Wo have already strongly .urged

tho reasonableness of this claim, seeing that tho Itevell-street frontnge of tho ltcsorve is about to bo distributed amongst various applicants, nnd built" upon. Mr Sale's reply to tho cleputntion was in offoot that 1 the decision rested wjth tho Ch Hatch arch authorities.

A few days ago wo gavo a summary of tho proceedings of a public mooting hold at thoToromnknu, In reference to a punt now being constructed there. At the meeting rofcrrod to Mr Cameron was deputed to wait on Mr Sale and ascertain tho intentions of tho Government. 110 Ims sinco donefeo, nud tho following is tho substance of what past. Tho Government aro prepared to pay one-half of the expenso in forming a road to the punt, the contractors, or the per sons to whom tho punt is granted, paying tho other half This is to bo made, however, without any injury being occasioned to any interests, 'nud is to Ijo laid out under tlio buj orintondenco of a Government engineer. Any othor than the t . first applicants will be pcimitted to build a'

punt or ply for hire, but they will not lecoive any nssistanco from tho nuthoiities. Tbe Commissioner, iv the courso of tho convocation stated that, ur.dor tho Goldticlds' Aot powers to ostablis'i pun's or confer other privileges in connection with them wore extended to Provincial Kup-M'inlonlentH, nnd i nder them it wim n»t ncoe#ar/ to call for public teudeia for any work of the kind.