The Akaroa Mail. TUESDAY, APRIL 22.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 288, 22 April 1879, Page 2

The Akaroa Mail. TUESDAY, APRIL 22.

Thb charge of' arson against Isidor Schwartz has broken down very much to the discredit of the legal talent concerned in the prosecution. The reputation of our Courts of " Justice " will certainly suffer from this case, if indeed it, is possible for them to earn a worse name than they already possess. The facts are very simple. Accused kept a tobacconist's shop; his stock was insured ; he is charged with setting this stock wilfully on fire. Of course it is possible that he might have been able successfully to rebut the evidence adduced against him, but his counsel did not go this roundabout way to work. He contended boldly that the indictment was bad, that is, that' even if the facts alleged therein were proved, they did not disclose an offence I And this (to poor ignorant laymen) extraordinai-y contention was upheld by the Court, and an acquittal directed. If some poor halfdrunken sailor had gone into this Schwartz's , shop and stolen & box of matches, we venture. to assert that 'the charge Would have "disclosed an offence." But to set light to a quantity of combustible (insured) goods in the heart of a city is not a charge which this man could even be called upon to answer. In directing an acquittal, Mr Justice Johnston made some severe animadversions on the manner in which the prosecution had been conducted. The following is what the learned Jndge remarked, as reported by the Lyttelton Times: —

"His Honor wished to say in open Court that there had been a gross failure of justice arising from gross carelessness, through which a most important prosecu tion had fallen to the ground. He understood that Mr Garrick was not responsible for the manner in which the indictment had been drawn. He regretted deeply that it was his duty in point of law to direct the jury they must find the prisoner '• Not Guilty," because the indictment had not been framed and the evidence directed in such a way ac to allow the case to come before them. Without prejudging the case he could say that there was a strong prima facie case against the prisoner which bad fallen through entirely in consequence of the negligent manner in which the indictment had been drawn. In a legal point of view it was a great scandal, and he thought it was high time that public attention was called to it. There were very few crimes which were so mischievous to the community as that of arson. The Insurance Companies were among the best institutions existing for our comfort, and no doubt they should have a voice in getting such prosecutions as the present one conducted in their own direction. He would say no more, but it was his" duty'to tell the jury that in point of law there was not sufficient evidence to support any of .the counts in the indictment, and to direct them to return a verdict of " Not Guilty." " " *