LAW AND POLICE.

West Coast Times, Issue 630, 1 October 1867, Page 5

LAW AND POLICE.

The sittings of the Supreme Court for the Westlaml District have just terminated. The Criminal Sittings commenced on the 16th September before Mr Justice Richmond, and his Honor, in his charge to the Grand Jury, after congratulating them upon the lightness of the calendar, made the following pertinent remarks with reference to the mode of conducting prosecutions on the part of the Crown : — " There aro a number of charges of a character which will require considerable address on the part of the prosecution, on account of the difficulties of proof. And this leads me to repeat wkat I have often previously observed, that in my opinion our preseut arrangoments for conducting prosecutions are ■ very defective. The responsibility seems to rest in some unascertained proportions on the police, the committing magistrate, and the crown prosecutor. N,ow, in my opinion, such a state of things is very likely in some cases to cause a failure of justice. The criminal law of England requires as we all know very great accuracy in the statement of the offence, and a very strict relevancy in the proofs. This no doubt operates in some cases as a screen to the criminal, and therefore I think it is to be lamented that the conduct of public prosecutions is not from first to last placed in profossional hands, so that a thorough sifting of tho evidence might take place before the case came into court. Often tho crown prosecutor came into court apparently knowing very little more about it tluvn the Judge himself may do from a perusal of tho depositions. There are several cases on this calendar in which the p,yoof ueod,s strengthening, in. which, it pro-

bably might be strengthened, and therefore ought to be strengthened ; but in which from my previous experience I do not anticipate that it will be strengthed. The case when it comes before the petty jury is in precisely the same state as when it left the hands of the' Magistrate. In other civilised countries someprofessional person accustomed to the work ischarged with the conduct of the prosecution; from the first. This is not the case in NewZealand, and a= a result, I believe that the time will come when wo shall be startled by some lamentable failure of justice, which will awake every one to the necessity of better arrangements. I wish to guard myself against being supposed to reflect on individuals—especially on any in this district. It does not become me from this seat to deal in insinuations. If I have occasion to animi advert on anything, I shall take care to do so in unmistakeable terms. Ido not wish to reflect upon any person ; on the contrary, considering the very defective nature of the machinery, and the divided responsibility, I am rather surprised at the efficiency of our public prosecutions. lam not the first judge who has pointed out these defects in the arrangements made by the Executive Government for the conduct of public prosecutions. What in my opinion we want, is, that some professional man should be engaged from the beginning in getting up cases on behalf of the Crown, in order that we may know with whom the responsibility rests in case of a failure of justice." On the 18th September the Grand Jury, through tiieir foreman, Mr W. Shaw, made presentment to his Honor, in -vjtiich, after stating their gratification 'at the present evidences afforded of the general prevalence of a spirit of law and order on the West Coast, and paying a well-merited tribute to the zeal and efficiency of the police force of the district, they went on to say: — "The Grand Jury entirely concur with your Honor with regard to the present unsatisfactory arrangements for the conduct of Crown prosecutions. They have seen in more than •*" one instance — as it appears to them — Jshat.?^ failure of justice which your Honor expressed a fear would happen from the wantfof due care, or of thorough sifting of the evidence to sustain indictments, and they would- respectfully and strongly request your Honor'to make . the necessary recommendations .in the proper quarter to secure the appointment of a public prosecutor, whose services should be entirely rendered to this important department of tho administration of justice. The Grand Jury are happy to say that many defects in the judicial Bystem in Westland, of which complaint has been made on former occasions, have been remedied, and they are thus relieved from the necessity of pressing these matters farther upon your Honor's attention. The appointment of a district judge, with primary jurisdiction iv insolvency, and the establishment of more frequent sittings of the Supreme Court have, to a large extent, met the necessities of the district. The Grand Jury, however, feel it necessaiy to call your Honor's attention to the serious inconvenience and waste of estates liable to be occasioned by the failure to confer upon the Judge of the District Court jurisdiction in_Probate. They respectfully request that your Honor will take the necessary steps to bring the subject before the General Government." His Honor, in reply, made the following observations with reference to the conduct of prosecutions by the crown : — " As to the establishment of a more efficient system for conducting public prosecutions, I may state that great difficulty exists with regard to that, as it would involve additional expense to the colony — an expense which the colony at present is ill able to bear. The subject has, however, been under the consideration of the present as well as preceding Governments, but I am - afraid we must not look for an immediate change. I thought it my duty to the public to mention the matter, but at the same time I can scarcely hope to see an immediate change as the expense would be great, and the pressure on the finance of the colony is extraordinarily^— -. severe." The principal criminal trials were those of Griffith Jones and Arthur Tanner. The former prisoner was convicted of manslaughter ,but was strongly recommended to mercy by the jury onaecount of the extenuating circumstances connected with the case. He received the comparatively lenient sentence of twelve months' imprisonment with hard labor. Arthur Tanner, who had 'been formerly in the employment of the Hokitika Municipal Council as rate collector was, despite a veiy able defence made by his counsel, convicted of embezzling the funds of the Corporation, and was sentenced to two years' imprisonment with hard labor. The nisi prkis sittings commenced on the 26th September. There was only one case for trial, and that was heard by a special jury. It was an action brought by Mr Matthew Edgar, a contractor, against the Hokitika and Kanieri Tramway Company (Limited), and may be thus summarised :—Plaintiff claimed for work and labor* done according to contract, foxextra work, and also special damages for delay through defendants' neglecting to supply the necessary materials according to contract. The defence was a general denial of all the allegations contained in the plaintiff's declaration, and that the work was unsubstantial, and not performed in a workmanlike manner. Further, that payments had been made to the extent of L7OO, and that there was a set off of liquidated damages amounting to L 350. The trial lasted three days, and resulted in a verdict for the plaintiff, with L 636 damages. Two sittings in banco have been held, bnt the business was of a formal character, and involved no material points of law. His Honor, however, intimated that a movement was being , made by some of the members of the General Assembly, for the concentration of the Judicial power of the Colony. This, he remarked, would doubtless give a higher standing both to the bench, and to the bar of New Zealand. On the other hand, the , present system, under which each judge exercised the full power of the Supreme Court 'in the district in which he resided, certainly offered great facility and convenience for the transaction of business. Should the contemplated concentration be carried , into effect, banco, business., would be hea.rd before,^ fu]Ji C&uis QQJ»p<ised r Qf .

all the judges ; -whilst all issues of fact, whether criminal or civil, would be tried by juries, when the judges went on circuit. His Honor Justice Richmond held a sittings in Insolvency, on the 23rd September, and disposed of most of the cases set dowu for final hearing. For the future the sittings in Insolvency will be held before the Judge of the District Court, E. Clarke, Esq. We may mention that Bills abolishing imprisonment for debt, and amending the laws relating to bankruptcy, are now before the General Assembly. The business before the Resident Magistrate's Court during the month has been of an unimportant character, and devoid of interest.