CORRESPONDENCE.

Wanganui Herald, Volume XXXXI, Issue 12190, 11 June 1907, Page 6

CORRESPONDENCE.

A Grave Miscarriage of Justice,

TO THB BDITOB.

sir, — After an honourable liio of ovei hall a i/eiilmy. to pro t>) ])ri-,on m to ;ni jhnoeent man 11 pro^joi t ot jnotiactc-d ti-i-riblc juontal agony am h as low run onduic ior any time, 'lo a!lo.\ mh-Ii an oni- to he iiuiueeiated Ijv the \crdi<l ol a jury I'ompo»d ol nicMi ot oniy ordinaiy eajiaeity. with insufficient edneaiion and 'mtelligeiK^ to cuter into and di&ci 1111 mate* a-> to tinmerits and beai ingot evuiencL- (iqion uliieli exports are not agreed) ia a lamentable (•oinincutury upon our picvut -ysU-m oi trial Ity jiiry. Mi Olipham Unities in-, been sent lo ])ri-oi) i»r Ih moutlii upon evidence that mi^ht have caused a jury ol judges ->oine doiibt a^ to the delendant -• guilt. * '1 he \voi2ht ot cvulenet- does n.it prove unmistakeabiy that the detendaiu was jjnilty. Some aver that a con'.i.igcnt rtsuk oi a verdict in lavom ol the iklendant weigh with the jury, and would have a preponderant inllueme upon the jury in impelling their judjrinent toward-, a conviction. 11 thin i-« ho, and one 01 two of the mentally slioii^or members ot the jury had such a contingency result 111 then minds, au adveihe veuiict can be tui-der-itood as a tore^oue conclusion, 'ihc aveiogc juryman i-> not usually one to enter into the conflict ot eviden. t> with judguieut, and too many are swayed one way or the othei by those with sticugth of chauuler, and who aie decided in tfteir opiuioiii. 'ilii-j i-s one of the weakest leafun v ot otii jury s,y->tem, and the susceptibility ol the weaker minded causes the miseairuge ot justice in too many cases!, as most ot 0111 Judges « oil know and deprecate. Vet because of t lit* difficulty ot Miihstiluting' any hotter system many in 110cont men aie made to suffer. In all cases ol grave crime the decision as to guilt or othwwisu should ic-,L \>'ilh the .Indue (}irc ieialdy Judge.-.), and the jn.'y could »tili be retained, \vho-»e duty then would be to piolcsl or acunicM-L 1 in ilic decision, giviiiL; reason-, lor or ao - ain4 such decision. A jury would then stand upon a sound bas ; -,, and the integrity ol the law would be upheld more frequently than it i-.. A great responsibility rest-, upon juiies. - but a greater upon the public if that public 1.1 apaih'tic and indirierent, blindly tolc-iaul ot injury to the poison, if its apolliv can be shielded by an excuse, that upon the jury re^ts thp whole le-.ponsibility. 'J lie public has a duty, and that duty w 1111 inislakeably clear, viz., to see that the innocent do not Miner through its apathy and indifteicnce. The writer, it a member oi the jury upon MrOliphant HugheV case, could not and would not ha\e agreed to a conviction, because the weight ot e\identc was no' sufficient and cl"ar 1o prov<« guilt. It tliii is 1-0, then the \nne ot tlu public should be heaid, anr! instantly. — 1 am, cti..

0x1; or thi: waiting ,n i;oi;-