Wairarapa Daily Times [Established Quarter of a Century.] TUESDAY, MARCH 19, 1907. THE CRICK CASE.

Wairarapa Daily Times, Volume LVI, Issue 8710, 19 March 1907, Page 4

Wairarapa Daily Times [Established Quarter of a Century.] TUESDAY, MARCH 19, 1907. THE CRICK CASE.

A good many people believe the system of trial by jury is now itself on its trial, and that the probability of its abolition before very long is considerable. We do not hold this vie-AV. We believe modifications Avill be made in it, as may be profitably done in all the great institutions of human society; but Aye no more regard the jury system as doomed than we consider the British Constitution doomed. In fact, the more our laAvs improve and multiply, the more need will be felt for the sifting of evidence, in matters of fact. Besides its academic side, the Court of Justice must have its practical side, and the solely competent Judges in matters of fact are every-day citizens Avholead matter-of-fact lives.

The Abolitionists will, no doubt, discover a strong argument in favour of their theory in"the Crick case, just settled in the Full Court in Sydney. Mr Crick avu-s under a criminal charge, it will bo remembered, and Avas aAvaiting an investigation into his case. In the meantime, the Parliament of New South Wales adopted a Standing Order for the purpose of expelling him from membership of the Legislative Assembly. Mr Crick thereupon proceeded at law against the Officer of the House for the technical assault (a tap on the shoulder) by AAiiich the Avill of the House Avas in the usual Avay conveyed to the member avlio had been dealt Avith. The Full Court has given judgment for the plaintiff, on grounds stated by the Chief Justice, and Avhich the public generally will, Aye feel sure, approve. The premature and ill-advised action of the legislate body bore very indifferent- testimony to its collective wisdom. Mr Justice Pring's contention that Parliament, in the regulation of its business, is immune from enquiry or revieAV, seems to us (though Aye venture to express our dissent Avith respectful diffidence) to be singularly weak. So far as the "conduct of its business" does not. 'involve violation of personal rights Parliament may indeed be allowed an immunity. But neither Parliament nor any other corporation or individual can be permitted to take arbitrary action against any citizen. The Army manages its oavu affairs, but it must not, by any of its members, interfere Avith the rights and security of the citizens.

The Court appears to have dealt particularly well with the painful incident in connection with certain jurors, Avho, it was alleged, had been tampered with, and Avho Avere charged with highly improper conduct and connivance. The Court declined to accept jurors' affidavits, and they virtually left Mr Brown to console himself, as best lie may, Avith an acquittal which is very far from removing the ugly'stain on his reputation, which his oavii confession had placed there. On the AAiiole, Aye do not think the jury .system stands in any neAV peril through this incident.

To find that an isolated jury has proved recreant is not to find that such baseness is common to'juries. Most people, we feel sure, have a due sense of responsibility in the jury-box as elsewhere, and earnestly desire to act according to conscience. It would be as reasonable to designate the clerical profession a drunken one because some poor erring clergyman in London appeared at the Police Court the other day on a. charge of drunkenness. The jury system is an integral part of the constitution. It was a plank of Magna Carta. The jury had not at first quite the same functions as it now enjoys. It has had modifications, aud may have them again.

"But," says an eminent writer .oil the subject, "if, when we speak of trial by jury as a safeguard of English liberty, we mean no more than the general principle that the question of man's guilt or innocence of a criminal charge is to be determined by a. free and independent body of his feliOAVcitizens, aud not by the officers of the executive authority, Aye shall find the principle flourishing in the very earliest periods Of our national existence. " We should say that an institution which has undergone so many repairs, and remains sound to-day, is not likely to fall to pieces iioav ; and, so far as avc can see, nobody has ever suggested any mode of trial more satisfactory.