The Evening Star. SATURDAY, MARCH 11, 1871.

Auckland Star, Volume II, Issue 365, 11 March 1871, Page 2

The Evening Star. SATURDAY, MARCH 11, 1871.

Henry Lamb Kenned _, the Phillistines be upon thee! Heaven help the man that falls into the hands of the lawyers. Mr. Kennedy is in such a Q^e*^f*^S?^df%^Sjyjgsil;ate to say tliatTrj^^^:-;'tt*iJ?_^_^athy. It was generai^i^ijrf^^tood among the public that the charge of perjury against him was a trumped-up one, but, perhaps, no notice would have been taken of it had the case been allowed to rest in the grave where the magistrates' had laid it. In the recent trial—as was well said by the learned counsel for the defence —every possible latitude was afforded to the prosecution. But really this is persecution, and deserves the reprobation of all good men. We are quite aware that it is regarded as dangerous to interfere with lawyers, that they are a pecus irritabile, and have "special facilities for resenting criticism. But we caro not. This persistent dragging of a case into the Police Court after it has been once decided may be quite in accordance with" legal forms, but it is calculated to produce a feeling of inscurity among citizens. * Messrs. O'Neill, Ritchie, and Taylor may be induced to do what Messrs. Macfarlane, Heaphv, and Isaacs refused to do ; and if they will not, another and another and another batch of magistrates may be tried; and we do not doubt that there are on the commission those whose minds are so weak and bi;ain so muddy that they will yield eventually to the power of legal bounce. But, in the name of public safety, we protest

against such nt fempts, nud especially wJicn accompanied by such base insinuations ;is were to-day openly made regarding Iho purity of the Bench. One of the most respected of our magistrates—a man of sterling integrity —was openly charged with partiality on the Bench ; and the insinuation was doubtless meant to influence the minds of Messrs. O'Neill, Eitchie, and Taylor, and to show them the rod that was raised over their heads. IvXcssrs. Eees and Tyler know their own business best, and doubtless have seen it to be to their advantage to carry out Mr. Hay's behests. But deservedly respected and esteemed as. they are in the city as sound lawyers, and good men, they would do better if they let Mr. Hay do his business himself*. "We presume it is simply esprit de corps that has induced the general interest which is said to be entertained among the legal brotherhood iv the progress of the case; but we do not doubt that if anything like undue interest is felt in this matter by the bar, the feeling of the laity will combine. And although lawyers ru^y be all-powerful in legal lore, and court usages, magistrates and jurors are of the people. ~We have too much respect for the bench to suppose that any newspaper criticism would influence them any more than the dishonorable insinuations in open court respecting one of the magistrates engaged on the former trial of the case. Mr. Taylor is understood to be a personal,*friend of the prosecutor, and we might basely insinuate that ho took his ;seat on the bench to-day to influence* the-; decision, and produce a conviction. But'ihis is not the character of Mr. Taylor. As for Messrs. O'Neill and Eitchie, we believe they arc generally regarded as the ablest magistrates on our local bench, and either one of them will at a glance have seen through the nature and objects of the case.. It is to be regretted that this prosecution has been -so persisted in. AYe have had too many instance-"- of private persons endeavouring to prostitute the judgmentr'scat »to _ari*y out vindictive purposes. The bar should set a good example!**