West Coast Times. THURSDAY, JANUARY 18, 1866.

West Coast Times, Issue 105, 18 January 1866, Page 2

West Coast Times. THURSDAY, JANUARY 18, 1866.

In one poition of Mr Justice Gresson 1 s charge to the Grand Jury, he stated that ''cogent arguments might bo urged against, ns well as for, the localisation of the Judges in separate districts." The chief argument against such an arrangement we apprehend is based upon the desirability of keeping tho judicial mind free from local influences and prepossessions. Abstractedly, tho principle is a most sound* one. The first caution addressed by every judge to every jury by whom a cause is tried, whether it be a civil suit or a criminal indictment, is to dismiss from their minds all they have heard of the ease out of Court, and to bring an unprejudiced judgment to bear upon the evidenco as it is presented. Of tho same tenor is the oath administered to the jurors. They are sworn to • well and truly try according to the evidence. In certain special cases the Court assents to the propriety of changing the venue, or, in other words, directing the caso to be tried in a district, apart from that in which its subject-matter has arisen, where no local prepossession can bo supposed to exist. Such exceptions, however, to the ordinary procedure of justice are made only in cases possessing political bearings, or in those which have excited a very unusual degree of public excitement. As a rule, both civil and criminal issues are decided by juries empannelled in the district where the alleged offence against the law has been committed, or where the alleged wrong has been done. In a recent trial in Melbourne, into which political elements, no doubt, very largely entered — we allude to the criminal prosecution of tho " Ago" newspaper for libel, by the Crown, at tho instance of Mr J. Denistoun Wood, — tho court refused an application to change the venue, on the general ground that it was contrary to the spirit of the system of trial by 'jury, to suppose that any twelve men selected to try the case, after the right of challenge had been duly exercised, would not enter the box with unbiassed minds and a conscientious determination to discharge their duty. In fact, the whole system is based upon the assumption that, as a rule, men are faithful to their oaths, and that any one jury is as likely to give a truthful verdict as any other chosen on tho same principle of lot. If wo examine tho practical working of this system, it must be admitted that it substantially satisfies the ends of justice. Tho instances are few indeed in which the verdict recorded is not endorsed by public opinion — as formed, not before, but after, tho full investigation of tho case in open Court, with tho assistance of Bench and Bar. Sometimes, it is true that regret is felt at the escape of prisoners, of whose moral guilt a deep conviction prevails ; but the decision of the jury that the legal evidence, standing by itself, is insufficient to sustain tho indictment in the face of the most just, as well as tho most merciful, axiom of the law that an accused person is entitled to the benefit, of any reasonable doubt, has almost invariably been tacitly acquiesced in, however strong tho current of popular prejudice may have run. In fact tho impartiality of juries is part of the national creed of • tho Englishman, to whom tho institution has descended from long gone centuries. And that faith has not been impaired by the circumstance that in the vast majority of cases, the crimes that have most excited popular feeling have been adjudicated upon, on tho very spot where they were or were alleged to have been committed. Wo may surely presume a judge of the Superior Courts to be a man as capublo of holding himself aloof from local inflnonfloft u g a jury— men inkon from out of tlio veiy oqotji oi 1 the «om-

nuuiity, hy whom every causo has been amply discussed in all its hoaiinps long before it is brought into Court. As it is, tho system is al,a 1 , of the administration of justice by " localised" magistrates. In Kngland it has been greatly extended since tho establishment of County Courts, and tho appointment of local Commissioners of Insolvency, and Stipendary Magistrates. In fact, the tendenoy to legislat'on on this subject for many years past has been to " localise" justice, in order o attiin tho very objects that are desidorated here, viz., the avoidance of delay in judicial process, and the cheapening of law and its more competent ad ministration. Wo submit, therefore, t>.at no valid reason can bo assigned against tho appointment of a Resident .Judge in Holdtika, based upon the assumption that ho would be unduly swayed by local influences. One very important point to boar in mind in [connection with this subject, is tho assistance that would be given to a Resident Judgo of tho Supreme Court, by the constant presence in court of a full liar. 'Iho judicial system in Englaucl presumes that the Bench and Bar, as component parts — though in different grades — of an honorable profession, work together for tho elucidation of tho law and tlio administration of an evenhanded justice. By tho collation of authorities and the interchange of argument; if tho particular interests of clients aro not specially served, what is of more importance is served — that is, the general furtherance of justice. Perhaps no argument of more force against the assumption that ''localised" judges must be swayed by local influences, could bo uscel than is supplied in the person of Mr Justice Grosson himsolf. His Honor is perhaps the most " localised " judge in Now Zealand. 110 has hi* "local habitation" in n sense very different from any enjoyed hy a judge of Westminster, The latter may havo his quiet seat in tho country, and his town houso in one of the Westend squares, whero fow men know their next door neighbors. As ho appears, be-gowncd and be-wigged on tlio Bench of the Exchequer, or the Common Pleas, his very butcher or grocer,' who may bo in the witness or the jury-box, never suspects him to be the ordinary-life kind of gentleman who calls at the shop weekly to leave his orders and pay his bill. How vory different is the social position of Mr. Justice Grrsson in Christchurch ! 110 is one of tho leading notabilities of the city, tho centre of a select circle, but ono known of all men, and by whom every man is known. More or less, the position of every judge in Now Zealand corresponds with that of Mr. Gresson. Judge Richmond and Judge Chapman are " localised" in Dunedin. Travelling on circuit, or attending Courts of Appeal, as all the judges of tho Supreme Court are required to do, each ono has still his local habitation, whero he exercises constant and permanent jurisdiction. Wo can recognise therefore no substantial or solid objection to tho settlement of a judgo on the West Coast, that would not equally avail against tho location of tho Judges anywhere in New Zealand. We trust, thercfo.e, that the Grand Jury, on behalf of the district, will demand a ressdent judge of the Supreme Court, and that his Honor will soo in reason to refrain from endorsing the petition.

We refrain for obvious reasons from any general comment upon the mode of conducting tho criminal proceedings in the Supreme Court so long as the court is still fritting. Hut it will not ha deemed any breach of propriety to endorse fully the statement made by Mr South in addrosing tho jury for the defence in a recent case, that Mr Duncan, the Crown Prosouutor, acquits himself of a very arduous and painful duty in a spirit of thorough fairness and moderation towards the accused. His aim throughout has been not to secure a verdict at any cost against the prisoners placed in the dock, but simply to present tho caso for the Crown in all its completeness and force, as the charge against which the uccusod has to justify himself This is simply tho dnty of a Crown Pio^ecutor who has no private- client whoso interests he has been lotained to serve. His only client is the Crown, that is. public justice, which aims only at tho establishment of truth and right. As tho representative of the Ciown, which deals impartially with all its subjects, not less with the prisoner in the dock than with tho accusing witness in tho box, Mr. Duncan lias clearly appreciated and fully carried out h's duty. That duty is to vimlio.ito tho majesty and efficiency of tho law, to take every care that crime shall not go unpunishol, and the safety of society bo in consequence jeopardised ; but not to press a charge against v prisoner in opposition to the weight of evidenco.

Tliciv woro Bomo symptoms of a break in tho weather last ovening, a slight drizzling rain falling, but it aftorwards cleared, and the n'glit was fine and starlight.

Wo remind our reader* that tho ont< imminent by Professor Parker, assisted by Miss Annie Beaumont and amateurs, will tako place this evening, at tho Theatre Royal.

Our Teramakau correspondent write? • — ''Since my last communicition there have been reports of two "now rushes at tho Teramakau, but although I havo made diligent enquiry, I find no real ground for these reports. Certainly there avo parties along tho terraces on tho fcouth bank of tho Teiamakau llivcr, who are "not ting a pile" accoidingto minor; but although I believe there is truth in this portion of our news, yet I cannot see grounds for this being called a rush. There arc men doing well, doubtless, but many more doing nothing"; or, if they are at work, they arose ireely earning ••tucker." Tho old rush on tho south side was, as you may have heard, a '' soil," so fur as its being called a rush ; bnt several are doing well, I hear, even there. Anderson and Inglin' contract is progressing, «o far as tho sawing of the timber is concerned ; but as the engineer has not yet lined off tho road or settled tho site for tho fastening of tho wiro rope, we are idly waiting his arrival, in older to commence the cutting and clearing tho lino and completion of tho ferry."

The criminal calondar for tho week ending Saturday, January 13th, is comparatively a heavy one, thore having been an accession of 11 prisoners to tho original number of continces, of whom 2 were committed for tiial and 3 sentenced to various terms of imprisonment for minor offences. Tho number discharged as having completed their sentences was 4 ; a debtor w:is also discharged. Thenumberatpresont in confinement is as follows: — 35 committed for trial, 19 undergoing spntence ;4 on remand and dobtors. We should imagine uomo ingomuty is required to pack this largo number away in tho very limited accommodation at present provided. Tho Supremo Coiut yestarday was occupied throughout the wholo of its sittings with tho trial of John and Joseph Cooper, on tho charge of oatllo stealing. It will ho romemberod, fvom our former reports of this o\wo, wlion it wiw boforo tlio Hesldont MftgMmlo'ft (tonW, Hint llio yvtitiwn W9io niiner^on tb<?) JfonU»l| N thai)

their allegation was, thai, they lia-l slaughtered and ii])propriiited the bullock in question, whiah was tho property of a Mr William MolTal, of Ilokililm, believing it to be a stray bullock from a Canterbury mob, abandoned by its owner. Part of tlio evidence against tho prisoners yesterday was that of a man named Keller, who was originally brought up on the same charge as tho prisoners, but afterwards released from custody, for the purposo of giving ovidonco against his two mates. Another portion of tho evidenco was that of a constable, who admitted to having received, if ho did not invite, certain confessions, having a strong tendency to criminate tho prisoners These statements woro ordered by the Judgo to bo rejected from . tho evidence to be snbmitted to tho jury, and his Honor administered a mild reproof to the oonstablo for his indiscretion. Mr South, in his address to the jury for the defonoo, commented moro strongly on tho un-English practice of entrapping accused persons into making criminatory admissions. The jury, after a lengthened deliberation, acquitted Mio prisoners. Amongst tho " true bills" found by tho Grand Jury was one against tho man Stownrt, chaiged with Ihe murder of his wife. No bill >vas found against M'Millan, who had been committed for trial on a charge of uttering a forged bank note, and he was discharged from custody by his Honor, with tho remark, that he left the Court without a stain upon his character. This case is one posse-sing somo rather extraordinary features, to which it will be our duty to reft'r. MrDalfour, tho'Mnrine Surveyor, accompanied by Captain Turnbnl', left Ilokitika yesterday morning, for tho Grey in tho>i.s. Thano. We believo it is the intention of these gentlemen to survey and fully report upon the cutianco of that rivor.

Wo hear that Miss Kdith Falmorston has been well received at the Grey, her cnturlainments each night being crowdod It is pleasing to have to record her success, and that her groat talent is duly appreciated. Our Gfroy friendn are not behind us in their expressions of admiration of their fair visitor, and doubt less inloiid keeping her to themselves ns long as possible An iiilimntion, has howover, reached us that Miss Palmerston inlouds returning to Ilokitika at an early date.

Wo havo to acknowledge- tlio ronoipt of a copy of " Shadows on tho Snow," a Christinas story by Mar ]J. L, Fnrjeoii, ofDiinodin, which wo shall take- tho oavliost opportunity of roviowing.