JUSTICE'S JUSTICE.

Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 404, 18 June 1880, Page 3

JUSTICE'S JUSTICE.

To the Editor of the Aharoa Mail

Sm,—l wish to make a few remarks on a case of "illegally acting as councillor" which came on for hearing a few days ago at the R.M. Court. I heard all the case, and I certainly feel a complete hash was made of it. The information was wrongly laid, as the learned counsel stated, and I was surprised to see the case proceeded with. I will paes over all the evidence taken. I come to the point of identifying the accused with the person named in the information. This, sir, was never done. The counsel for the prosecution having stated his case, sat down without doing this most important thing. This most important omission, and also most vital, was instantly challenged by defendant's counsel. But, Sir, mark the following:—-The counsel for defendant plated him in the witness-box to explain his conduct on a particular motion, mentioned in the Borough Council's minute-book. Having done this, the prosecuting council was proceeding to cross-examine defendant in a manner tending to criminate him, to which the defendant's counsel very properly objected. The opposing counsel said he could ask any question he liked ; to this the Bench assented.

Common sense and law do not necessarily go hand in hand. In civil cases a

defendant is hound to answer any question put to him, but in criminal cases it is not so. Judges of Supreme Courts will not allow a question to be put which is likely to criminate accused ; but if put, the accused is not emm •■Hod lo answer it. Something also i c said of the public spirit of tlio.-c rumiected with thu prosecution, but oi this anon. Your*. &<•.. VKiILANS.