THE WATERS CASE.

Ashburton Guardian, Volume VII, Issue 1641, 20 August 1887, Page 2

THE WATERS CASE.

Wellington, August 19. ' Wm. Richard Waters was charged at the M *gls' rato'a Court this morning with' having on the Uth of Ootober, 1886,' whoa etnp". yed as ft servant of the Oily AdvdDoe and Deposit Company, -franduleatly embezzled the sum of £100 reoejved by him ou aocouat of. the stld Company* Mr Edwards for prosecutor (Mr CUttell), said he did not propose to : go on with the proaeoutlon. Continuing, he said ha would like to say a fevr words regarding the prosecution as it was a matter of much public interest and .comment. He wished to Bay that the matters . upon whi6H,;tlhe proaecation relied were f ally before "his Honor Mr Justice Richmond m July last, when the whole matters were brought out m evidence. On 3rd August Mr Justioa Riohmond delivered a written judgment dealing with the very matters now concorned. This was public and open to the police, and every officer connected >wlth public justice m the colony. The matter had also been gone into at great length: before the Official Assignee, who had: rejected the proof of the City Advance' Company ia Waters' bankrupt estate. It had also been before luapector Brown, who had decided that the matter was not one for the police to pronccute m.- y-H* (Me Edwards) mentioned this because it might be Bald that this prosecution ought tociry tie matter out, whereat it had been before a j idge of the Supreme Court, the Official A«sigoee, the Crown Prosecutor, the police, and, he believed, the Colonial Treasurer, and they had deoided that the proßeoution was one which ojuld not be undertaken by the State, although, of course, a private person was able" to ptoaeoute. It suited Mr Oattell to go<« oertain length, and now it suited him td go no further, and, therefore," he hi 3 withdr&wa his (Mr Edwards') retainer. It would be found that m such oharges v obscene language and stealing little pieces of timberMr Skerrett, counsel for defence (inter* rupt ing), Bald he did not know how far hla friend wa« going. Mr Edwards said he was going on till he had finisher!. Cmtlnuing, he said it would be noticed that m these trifling cases the obief c ftiaers of police did their duty He did not say theso officers had failed m their duty, or suggest that Mr Justice Richmond bad not done his m not direoting a prosecution to be under* taken, or that the Official Assignee had similarly failed, but it was a public misfortune that small offences should be punißhed with all the rigor of tha law, while great offences should remain hupunished. The Government should publish a "Guide for Criminals," to show that it was quite safe to rob great snmi by breaches of trust while, on the other hand, it would be better to keep their hands off little pieces of timber and to reftain from using obscene language m tht street. Be was not suggesting that Waters had boen guilty of an offence, but they found that the Official Assignee on the advice of Mr Bell, who acted, for the creditors, and Mr Travers, reject ei the proof of debt, and yet no proaeoutlon was undertaken by the colony. As far as the police were concerned he did not with to auggeßt that they had dope anything they ought not to have done. Inspector Brown had referred the matter to the authority over him, and must obey his instructions. In conclusion, Mr Edwards said he made these remarks beciuse the matter was one which would attract great public attention, and no doubt unless tho position of the prosecutor was fully un. derßtood be would be blamed for the withdrawal. Mr Skerrett for the defence, said the accused had not endeavored to burke enquiry. Ho had been here awaiting any attempt which might be made to invest!gate the charges. After brief remarks on the oase, the Magistrate said — '• I have now to dis» charge aocuaed upon this information, but it is right and proper that I should say that this ia only a discharge so far as tho information of Oattell is concerned. Tha fact that the police have not up to the present taken any aotion has been referred to by Mr Edwar Ja. This discharge will not debar them from taking action if they think the Interests of jast'oa require it." Aooused then left the Court,