MR. JUSTICE JOHNSTON'S CHARGE. (Condensed from tho D.S. Cross.)

Waikato Times, Volume III, Issue 144, 10 April 1873, Page 2

MR. JUSTICE JOHNSTON'S CHARGE. (Condensed from tho D.S. Cross.)

His llonoh said : Mr Foreman, and gentlemen of the Grand Jury, — You are well aware of the reasons why you will not have the o-^istance and advice on this occasion of that able and upright Judge who usually presides, and whom you well know and respact. ; respect. Gentlemen, it h not for mo liere to allude to those topics on which hum's minds have come to various conclusion-, « ith respect to the del uls of what are called politics ; but it is- quite consistent with mj duty— m fact it is pecuj liarly within the sphere ot my duty— to remark upon the condition of the country, a, evidenced by the laws that prevail, and the manner in which those laws arc carried out. Andifwehdvo seen, besides those events relating to the affairs, of the colony to which I hat o just alluded, things to be regretted, I fear we have also seen, especially in the neighbourhood whero 1 now am, other things of a character much to be deplored, but out of which I can confidently hope that much good may arise. If I allude to a certain epidemic, a moral and social disease, which has been prevalent eoniparnhveh reeenth in these parts, it is not with the pretensions of a censor, but merely in order to impress, as I may legitunitely do, upon the public mind the importance of learning the true lessons which tlioso events ought to teach as a source of action for the luttire. 1 allude to that unfortunate) rage— l may call it pestilence— which arises from the unlimited desire to procure unearned wealth. There is no more legitimate object of industry, of labour, and of self-denial, than the i podics-uoi* of those means which enable us to enjoy material benefits and to diffuse them around us. When tliose riches are acquired by labour, b\ perse* ernncc, bv industry, bv for- | bearanee, by skill, and by self-denial they are the legitimate I and worthy results of -ill mean* that ha\e"been used to obtain , them ; and then indeed the material riches nuke a nation tuny prosperous. J3.it should the tnuo have arrived when any large portion of society conies tr> be imbued m its whole action with a desire for sudden wealth undeserved and unearned, I cau only say it i» happy for that society if it | comes through the ordeal w ith i» little scathe and as little [ ultimate mischief as I trust has been the eai,o in tins portion of the colony. Ido believe, in God's overruling providence, I that all such events, truly considered and wisely reflected upon, tend to leach men lassom wholesome for themselves and for the constitution of society. I cannot help behevmg that this country is so peopled, that there is among its inhabit vnt3 such a fund of good sense, such an amount of respect for justice and fair play, such an amount of prudence and distrust of ovcr-eutawle- , meat in too great undertakings, that the question isuat whether one Government is in or another Government is out. I, who look only at thogeneial policies in the largest sense of policy— that true policy of the country, namely, the honest desire to develop its resources, to protit by the great gift which providence has bestowed upon its possessor* andgmhabitants- -I a ly 1 cannot doubt that theie is such sense and such foresight — such prudence m the colony— that by God's nelp theio will be a bright and happy future. 1 allude to these in respect not of any geueial proposition, but [ allude to them especially speaking m this place w:th lefeionce to those true interests of society which are connected with the administration of justwe. The future prosperity of the colony must depend to a gieat extent upon the class of persons who are introduced to it. lam nappy to say that I see no reason for ; believing that either m this or any other part of the j colony there have hitherto been nitioluced to any serious or formidable e\tunt any sections of those who normally arc in other countries of the daugoroua classes. Long nun they be absent, for I believe I may say most empliatimilh that almost the only great questions that are left to be determined in our great mother country are the questions of how to deal with those danger jus classes, which arc the great drawbacks to the prosperity of a country. No doubt modem public opinion, and the action of beneficent and long-sighted men, arc discovenug the true means of presenting such things m the future. They are now striking at the root ot the matter, and it is to education and to- a wisesystem of police and administration of justice that they look with confidence for a better result in a coming generation. \Veha\e not those dillioulties to contend against, but we lime steadih to keep them in view to prevent tlie formation among ourselves ot criminal chmes In the present calendar I see no reason, as I said before, to believe that we have many persons normally belonging to those classes, although certainly we have a few cases— l think three— of persons nho hare boon several times convicted. The policy of modern administration of justico is to deal severely with persons who h ive beon previously convicted ; and if punishment is to have that which in all systems I.i ours it professes to ha\e— a deterring eliiet — it must bo substantial, and substantially carried out. Ljavmg these more general and important topics, let me allude for a moment to uhat I may call the bin >iy contrast between the present and the p ist. I may say that in this building some sacrifice of utility has bceii made to obtain symmetry of architecture 1 think the matter is not a slight or trivial one, lor knowing as I do how heavy are the labours of that distinguished Judge who usually presides here, knowing as I do how scrupulously and conscientiously anxious he is that every word that is to weigh against a prisoner should be heard bj him, how anxious ho is]| that every person engaged in tVso solemn matters ought to have the lcdj§ amount disturbance, I cmnot help regretting for hi sake that the arrangement of this Court-house is not a little more effect i\e for its purposes than it now is I shall now speak a few words about the ca'oit'a-, which— !iko most m New Zealand— is of a very mixed kind. I suppoao that in this part ot the colon} as well as m those parts with which I am morofamihar, the crime which I hate bad occasion to call the 'New Zealand crime" u unkiwwn. The crime with which I have most frequently to deal is that of getting money by forged cheques Tin* facilities which are given for negotiating the cheque-, of eien unknown persons are such as to lead people to tiie commission of this crime to a large extent in many parts of the colony. lam not aw ire whether it Inn been so m this part of the "colorn, but I am struck by tin- fact that, although there are 19 persons on the calendar, not one of them is accused of that offence. The offence which seems to be most numerous is that of robbing from the person, which of cour&e in the mother country is one of the most common of all offences. About the imsos in the calendar winch come within that category I neod not trouble you with any remarks. I bdievc some of you are— l know one gentleman is— con volant with tho business of a Grand Jury, and I shall not insult then by protending to give them information and advice about certain cimim to which their own experience as well a, common sense will enable them to givo all due attention I shall take in their order the eaio* about which it seem-, to be necessary to nuke any comment.

A SLEhPLKss Auk.— The cause of the death of Horace Ureeley is .said to have been continued sleeplessnes-,. Tlio exertions of Ins profewou and Llie excitement of Ins canvass for the Presidential chair, were, doubtless, too much for las brain, nlrich refused to lake the needful rest, and left him to tho inevitable fate of all for whom nature fails t-> rdpair |in the night the wear mid tear of the day. A lecturer at | tlio Royal Institution h.is m.i le the bold abortion that tlie way to secure sound aleep was to vv.>i-k very hard by duv, on the prmeiple that "tho sleep of the labouring man h awed, w hether he cuts little or much." A visible shudder passed j over several benches of the le-irned assembly af|this unqualified I statement, for not a few of their occupants knew that their labour*, being of tho brain and not of the hands, it was prt- , ci oh the evee-H of vvork winch too often dopmed them of Itl c v isits of Soinnns. 'J'he ltcv Edward Halo eav3 that tl c | evil of s'eeples.ness is rapidly increasing in America— as it is , undoubtedly iv luiiflaud— lroiu this single cause of oyerexertion of tho brain, kept up for too many hours at a time, ' or nt Lours whon such etortion interferes with digestion. Other cau-es ol sleppliw<.ness, of course, have always been i 1 ioinirt)rt, sin' i us ph.vM-Ml pam, anxiety, and either e^cessiv | hfttfc nnd food or e\c >9si oeo d and hunger. Eut tho specml sort of " lifojiimia" vvlncli, luwats iv our day tlm men cf lirori'iuv, of s.'uncv, -iiid of conmerce is quite different, rom that H'hfc'i oniM from unsuitable ox rnal oon liti n i I 't comes from tho state of tho mn'i <w u brain, au I uuist bo treated accordingly. — He/to. I i. " ' » 1