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Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 69, 28 November 1844, Page 2

In the "Tines " of Tuesday there is an article under the head of " Law. A dilemma aumg the Big Wigs,'' in which the editor uidavours to make out sometiling very panning. The article commences will te.iin_> us what is the law and practice in ting and with respect to prose- « utors, in ctimiial cases, employing what piofessional nanthey please and the costs it: uiided to tie prosecutor after the trial ; ihen follows :-

»« Although the Police Magistrate binds privaie individual! to prosecute under heavy recoj nizances, they cannot employ professional assistaice because no official notification of charge has been made." How in the name of common sense is it possible that the elitor can send forth such nonsense. It is true the Police Magistrate does bindover to prosecute, and very justly, but foere is no truth in aying prosecutors caniot employ professional assistance because there has been n> official announcement «>f the alteration ofthe Rules of Court ! There is only twt prisoners for trial anj let the prosecutes in these cases emj.loy what legal man they please and we will vouch, on making application for their expenses, it will be a'Jowed by the Court. " The Ch>wn Prosecutor has been disp aced, but faere is no one to supply his place, although the Attorney-General, from a wish nov to put the Government in that state of diG cu | tv which their own negligence would hav, entailed, has volunteered to conduct the prosecutions: still it puts the learned Attorney. General in a position he oughtnotto occupy.—namelv *?£ Here is a pretty piece of business the Attorney General has to draw out two briefs in three months ia order to prevent the criminal courts of the colony from being closed !! what a position to put the learned gentleman into, it is realty shameful—he should receive his £4OO or £SOO a year without doing anything. But to be serious—we canuot see what our cotemporary is at, unless it be to gratify some gentleman who has been disappointed of a job by the Attorney General drawing the briefs for the trials on Monday next. But the " Times " goes the whole annimal, he says—. ** No official notification has been given to the Crown Prosecutor of his being dismissed—none to the Judge ©f the

change in the proceedings—nor any request to the Attorney-General to act until matters are p«>re settled."

We were not aware that it was necessary for the Governor to notice officially the dismissal of his officers, nor did we know that it was necessary to give the Judge official information of what he knew was law ; nor do we think it was necessary to tell the learned Attorney General that there was no barrister appointed to draw out two or three briefs in the course of a year. But our cotemporary winds up saying—- " Such a system of obstruction to the course of public justice cannot be too strongly, or too promptly, condemned. In New Zealand, Law, like everything else, seems turned topsy-turvy.'*

We contend there is no obstruction to the course of public justice, everthing is quite clear, and we repeat that the only difficulty in the matter is, that some poor barrister has lost a couple of guineas by not having a brief to draw out, and the public thereby save some 200 or £3OO a year. The Editor of the " Times" should not allow himself to be imposed on by the insertion of such stuff.

In conclusion we, on behalf of the public, tender the Attorney General our sincere thanks for his taking upon himself this little extra o duty ; he sees plainly the funds of the colony will not admit of any further appointments. We have already enough Leeches sucking our hearts blood and hope that in our next publication it will be our pleasing duty to inform our readers that the Colonial Treasurer and several others, who really do nothing in return for the large salary they receive, have resigned and are ashamed to receive money collected from the impoverished residents of New Zealand.