The Clutha Leader. BALCLUTHA : FRIDAY, NOV. 9, 1877.

Clutha Leader, Volume IV, Issue 174, 9 November 1877, Page 5

The Clutha Leader. BALCLUTHA : FRIDAY, NOV. 9, 1877.

It will bo seen from our Parliamentary reports that a division was taken upon Msijor Atkinson's no-confidence motion on Tuesday last. The result, was a tie, and the Speaker gave his casting 1 vote in favour of the Government. The Op- ' position still assert that Ministers only hold their seats by the voice of a minority in the House, and the Major has given notice of another no*cunfidence motion, which, however, the forms of the House will not allow to come on till Wednesday. Ail we can say is, that if it be true that Ministers only hold their seats by the voice of a minority in the House, then we think it certain that the majority of members in the House disagree very widely with the majority of the electors of the Colony. If there be a unanimity of feeling 1 upon any point throughout the Colony, it is that the present Government should he afforded an opportunity of examining into the financial affairs of the Colony and declaring 1 rhwr policy. W e believe also that that policy, when enunciated, will be fully endorsed by the public, » Surely the result of the repeated fruitless trials Proud foot's case has undergone will lead the legislature to recognise the necessity for an alteration being made in the present position of the law with reference to trial by jury. Since the charge was first investigated in the Resident Magistrate's Coui-t, all the disgusting details of the evidence have twice been lepeated in the Supreme Court, Twice have the learned Counsel for the Crown and the accused ransacked their books and brains to enlightt n special juries as to the merits of the case, and it must be confessed they performed their duty wi'-h an acumen worthy » better cause. Twice has a learned and impartial judge, with all th« perspicuity and earnestness of which he is capable, commented upon, explained, and simplified the evidence, disburdened it of all irrelevant matter, and pointed out the legal bearing .of the pertinent facts adduced. Still the iwo several juries, specially selected to decuie upon the case, have failed to arrive at a decision ; and so for as gone justice bus miscarried. Either George Proudfoot should have been declared innocent, or the crime of which he is accused should have been expiated. But neither the one nor the other has been done. After two long- and searching trials he still ren>airis charged but not convicted of one of the foulest crimes known to law, and appaiently unoVr this ban he is doomed to remain for an indefinite period. But the accused is not the only individual injurnurl or kept, in suspense. How does it fare with the pour girl If Already on three different occasions has she been obliged to repeat with painful minuteness, in the presence of both friends ar.d strangers, all- the details of a crime, the relation of which would be revolting to the most abandoned woman in the metropolis. On three different occasions has she been subjected to all the badgering, jesting, insinuations, and sneers, which the law most unjustly and unfeelingly permits the gwulemen of the long robe to indulge in in the conduct, of such cases. Her honour and her honesty have been rudely impeached, and the most delicate incidents of her lile held up, and kept exposed to the gaze cf an unfeeling and uncharitable public. And what has she to look forward to '( Only to a repetition of the same degradation before another set of strangers a few ■ mouths hence. Surely she has already sufficiently suffered for her misfortune. Surely public morality has already been sufficiently outraged by recitals of the Proudfoot case. But no. Dnnedin may now be sufficiently contaminated by the records of the case, but it must be taken elsewhere, so as to spread the moral pestilence as widely as possible. What is the cause of all this ? The facts of the case have been sufficiently proved; judge, lawyers, and jury have given the case their best attention, and that too with a desire to have the matter decided, but all to no effect. The miscarriage of justice and all the expense, annoyance, and degradation have arisen solely because that in this Colony we adhere to the absurd, impracticable, and obsolete law that necessitates a; unanimity of judgment on the part ot. the twelve men who compose a jury. -Why, experience proves the difficulty of getting two or three

doctors to agree even upon any point coming 1 within their everyday practice. The disagreement of lawyers as well as doctors is proverbial. Our Courts of Appeal shew how futile it is to 'expect even three judges to agree in their decisions upon points of law. How frequently do judges at stock shows differ as to the relative merits of the animals exhibited. Yet as the law at present stands with refrrenco to trial by jury, twelve men are bound to arrive at a unanimous decision upon points in connection with matter? upon which they are probably neither by education nor experience in any way qnalififid to judge. In all other matters, whether in the Legislative Hall or the Council Chamber, matters civil and ecclesiastical, lee'al or medical, or of any other character, decisions are given according to the minri of the majority. Why should not this bo the case with juries in New Zealand ? Tt is so in Scotland, where no such miscarriage of justice could occur, as in the Proudfoot case. Tt is clenr that the. jury system adopted here is nor applicable to the circumstances of the Co)ony,and therefore should be altered so as to make it more practicable and more in accordance with common sense and experience. Should the Minister of Justice turn his attention to the subject, it is to be hoped he will at the same time consider the subject of Grand Juries and Coroners' Inquests, both of which should at once be abolished. Tn Scotland 'the public prosecutor performs these duties in a much more efficient manner, with less expense and more satisfaction to all concerned. Let us hope that the strifes and distracting elements, that, now find so much place in the House of Assembly will speedily be removed, so that members may devofp time and attention to measures of public utility such as those referred to.