The Ashburton Guardian. Magna est Veritas et Prævalebit. SATURDAY, APRIL 30, 1887. JUDICAL DECISIONS.

Ashburton Guardian, Volume V, Issue 1546, 30 April 1887, Page 2

The Ashburton Guardian. Magna est Veritas et Prævalebit. SATURDAY, APRIL 30, 1887. JUDICAL DECISIONS.

Mr Turnbull, it is reported, proposes to bring the judgment of the Appeal Court m Hall's case before the House of Representatives. We know that he holds a strong opinion on its having .ed to a misc^rrage of justice. If the question should come before the House it would be discussed very much, we presume, on the line of suggestion made by Mr Ballance on ihe subject of Supreme Court review generally, against which such an unnecessary and rather unmeaning cry was raised. So far as we understand it, Mr 3allance did not propose, m any case, to reverse or even vary the judgment of the Court, but rather and simply to put on record for the reproof or correction or instruction, if necessary, of the judges, the deliberate opinion, on any special case, of the highest Court of the land. Such a procedure seems to us not only devoid of any danger to life or liberty, but m the present circumstances of the polony, and m view of more than one trial of late, likely to be productive of much public benefit. No member of Parliament hesitates to call m question the decisions of Resident Magistrates, and very properly never hesitates to do so, and their decisions bare certainly a wider and more direct influence upon the masses of the people than the few decisions of the Supreme •Court. With the utmost respect for our judges, we are not aware of anything m their past career or present Btatus which should exempt them trom the most searching criticism by those whose position would make that criticism have its effect.

The difference between a private member moving to bring such a question before the House and its being brought on by legislative enactment is that, m the latter case, the proposed review would be certain to take place, whereas, m the former, it depends entirely upon the manipulation of the order ot business. Mr Turnbull, assuming that he moves m the Hall case, may not have the opportunity of bringing on his motion. There are a dozen ways of preventing the discussion of a question, if a strong section of the Home think it undesirable. Hence the propriety of Mr Ballance's suggestions.

The Hall case might now be discussed m a perfectly dispassionate manner. It is settled to all intents and purposes. No one vrould think of having the capital sentence carried out, The miserable man must " dree his wierd," whether it be m the Auckland gaol or whether his mysterious removal is only a convenient step to some future evasion of the law. Whatever happens, he is practically dead to New Zealand ; but the judgment of the Appeal Court lives and is not satisfactory. We may recapitulate m a single sentence how it strikes the large mass of our settlers. The law books furnish several cases bearing upon the exceptional kind of evidence adduced on the Hall trial. Some of these cases support such evidence ; others do not. There is a conflict of authorities. The judges, m these circumstances, here and elsewhere, have practically to make the law. It is not an unfrequent occurrence, but there is a more grave responsibility m making law, with a circct bearing on an individual case, than m carrying out the behests of clearly-ascertained law. Our Judges m the Hall case made the law ; they had to do so • but they made it, unfortunately, as we think, contrary to the finding of the jury before whom the criminal was tried and, unconsciously perhaps, contrary to that instinctive sense of justice which pervades the community. One or other' of two courses were open to them ; they chose,— let us say, — the merciful one. It was perhaps natural, but not the less to be regretted on that account. It is just this suspected absence of sympathy with the feelings of the bulk of the population, m the highest judicial circles, which unhappily tends to diminish the influence of law m the community. Anything that would counteract such a state of things is desirable, and a high-toned parliamentary debate would certainly tend m tlfat direction.