THE MEIKLE CASE.

Dominion, Volume 1, Issue 47, 19 November 1907, Page 7

THE MEIKLE CASE.

LNIhi'NTiONS OF THE GOVERNMENT. ■ APPEAL COURT JUDGES TO BE CON- ' SULTED. , , A large deputation'from the Meikle Com, i ...lufcteo,; with Mr. A. It. Atkinson as spokes- ; ®an,- was . introduced to the Promier yesterday by Mr; Z. G. W. Aitken, M.H.R. The ■ object, of the deputation ivas to make representations concerning the Meikle Acquittal ,Bui; ana. tho Meikle case in general. ./Mr.yA. R. Atkinson said that there was ■ letter indignation in the city at the-treat-ment: Meikle had received in Parliament. Eor-'his own part, he thought that if when ' . ; thp House met at 2.30 that afternoon, the Premier ! would " stand" up and say the Bill . mu?t .be passed, it would go through in a . -very-sTiort time. . It .was, clear that the Government . would have : to be prepared • for i / - ' vigorous opposition, and it was unfortunato " that ' Mr. Meikle should have had. in tho recent' debates no defender on tho Ministerial or, indeed, elsewhero in the House. : li; was-contended by the. opponents of the Bill that the, fact that no evidence sufficient could be found- to convict Meikle twenty . . years after the offence, did not amount to - much, but, as a matter of fact, the Commission had before it the whole of the eviden'ce. given at . the trial. Meiklo stood to Ipse;, more than anybody by the lapse of time;.'and ..the deaths of. some of the witnesses.!. The Royal Commission's report was '••t silent-as to. relevant facts, vague in its single ■. .' -finding,; •it proposed a remedy on impossible ■ conditions, -, and- expressed no opinion as to -, compensation. The .'result was.-bonnd to ■' shake .- public confidence _in Royal > Commis- ;. . sioDB as Well as the administration of justice t.irin this country,-' In regard to "the alternative (i-. of aT general iAct. of Parliament to set up a cSr-Court of - Criminal Appeal, it would, have to af.. } he; d-retrospective measure applying to every n v.:climinal : convicted within .twenty years before . 'the passing of the' Act. ■ said that "before the Govern- - : ::ment.".bj'ought in the 1 Bill, they submitted ."thefcrepdrt of the Commission, with tho views ■ . of-'the Law-Draftsman, to the Chief. Justice, • a rviow of passing/a general : butcth'ey found tliat this could not be done, , ■ andHberefore elected to take the. course that > .had'teen'taken; so as to put Meiklo right at oncßj though' the Chief Justice liad advised "'■'Waitriig until the 1 new legislation from Eng.■V'':landirtc£inld be consulted. ' ''-it.. Atkinson commended i the action of tho'Government in this connection; and mentioned'that he had received a copy of the new-'English Act of Parliament. Proceeding, he/., said: the question' of'- compensation was ' ■ mainly' l one ;for Parliament and the Executive; butif it was to be referred to the Court of. Appeal j the whole case should be referred , r in,like,manner.. Jf Mr. Meikle got,.the jus-, tice jhoi,was entitled to, the! question of. com- .. . ponsation would be veiy quickly settled. The . Court should consist of at least three judges • I shoiild,. be ~of • an. odd number—and ~, well ,as Meikle, sliould be .put' .trial. (.Meikle. was satisfied that his own,,innocence woyld be re-established. He askgd-.the Premier-to-give ..them, aif appeal •, all round, which would have to be obligatory : i»: regard-to Lambert. /The whole case could v;- bo centred in- a single question—Who put th&, skins in ■ Meikle's- smithy, making tho evidence:on which he, was convicted? They v asked:.that :n6xt session's: measure, whether - general .'or specific, should jw. a policy meas-' nre, should'be introduced at., the beginning . of I tho session, should have precedence of- • : other--business,- and should be made coil- , •• '.elusive,; ■>... - ~: . the-premier's reply. : ' :The ; Premier, in replying,-said that he was still-of the opinion that Meiklo's name should , be'.virtually expunged from, the criminal "' r^ords,'and :it would notmatter whether. ~any'--'attack was. madfe upon the,! Governments ! ;'';or. : Tn^>.;K;ii:h^ : tte : aepiitation desired) and • : ";;wha,t* l tho'Government~''t?anted to'do, could ' , jhocjat once be done', and.On that ground per- .' .'- 1 son'al attacks were made, he would be quite ; ' ihdilfererit .to such''attacks': It' would not ' '•' ' be;.'of.', the .Slightest use trying to threaten tha-Governmeiit. It would do ho good, and •' it'might 'do harm.' The Premier repeated bis '"statement as to the preparation of tho Bill, ~ and'Kadded that it was submitted to Mr.'v -Atkinson "and the "Meikle Committee, and alterations were made at their suggestion. i The., Government could not have put the Meiklo Bill before its- largo policy measures - dealing. vfith the land question and the tariff. Thfe.moment'the Bill was circulated it aroused htistility, 'not; only on the part of tho "'. members -ft/bo afterwards spoke on the subject, but many others besides. 1 Ho could •• assure thein, and he had it from the Whips, "'•' that-' there' were' at least twenty-eight ' members who wore determined to prevent ••' that- '.Bill - going' through. It was thererore qui to-.but of the question for the Government r to"try and fdrco the Bill through'. Those -twenty-eight members could have blocked it - : for two;. months. "He accordingly decided to i;- introduce a general .measure' that these . twenty-eight members would support. . He :■ was satisfied that he had done the right . ..-thing .and.tha bost thing.',from the point of .- !• view of . securing justice to Meiklo. In con- ; - nection with the Bill, he had not gone into ■!;. -,tho evidence given before -the Royal Commis•.siopi, and he- did- not mean . to, because ,-' Meikle's'character had nothing to' do with . -the question of - expunging his name trom .. ; tho. records. The Royal Commission had re:ported that, they tould 'not have recom- ; mended a jury to find Meikle guilty, "and that was.,a complete-justification for- the Govem- . ment and Parliament, to pass the Bill. That was !,the: attitude he had taken and- intended . • to. maintain.. It was a pity the Royal Commission had not made any recommendation /as tb tho amount of compensation to. Meikle. 'He had proposed to refer tnat question to a Parliamentary Committee, becauso thero was a difßculty about th'e Government fixing a sum. Meikle and some of his friends Jiad expressed publicly very strong feelings' against two- members of the Ministry, and ..... thoyCfelt that if the amount of compensation :■ was fixed by the Government complaints uf ... ; unfairness were certain to be mado altor- . wards. »-i Tho • Government would have ueen' prepared to accept any recommendation or .. the proposed committee. It was with the best; intentions that -he-had suggested endcttvouring; next session to pass a general • Bill/ and asking the Judges of tho Appeal ; Court to.name.a sum for compensation. Mr.' AtkinsonDid you .propose to ask . them to hear argument, or would it bo a private, reference 'i " ! Tho, Premier! said hft did not think; the reference could be. regarded as private in any sense. The Chief Justico had only said 1 that'.he would ask the judges to go into the question. Ho (the Premier). had his own opinion as to whether they would do so, and make a recommendation as to the amount of .compensation. . Mr. Atkinson had suggested that a special tribunal should bo sot up'to try, both Meikle's and Lambert's cases again, or, as an alternative, that a ; Royal Commission. with a jury empanelled should take up the whole matter afresh.. He was quite prepared to consider these suggestions. His own feeling, without having had time to think, tho matter out very fully, since ho . had.only just learnt tliat a copy of the Eng- . ! lisli Act had como to hand, was that tho recommendation of the judges as to tho pro- .' per.Jegislation should be waited for. Ho did not think, that course would prejudico MeikloVinterests.. They wero bound to get. t]ie, recommendation of tho judges long before noxt session. It would be a policy . measure, as any measure of the kind must - bo.' The Meiklo Acquittal Bill was a policy measure. There no big policy measures in ; view for next session, and so t-hcy would bo! better able to give time to, tho Bill. "I give-you my assurance," said the Premier, . that, wo will do our best to get this matter settled next session. Beyond that, 1 do not think you, or anyone else, have a. right to ejepect ,mo to go. Wo will deal with it as though,'it', was not Moiklo that was. concerned, but jilst a human ieing who had not ! recoived justice." .' Mr. Atkinson 1 said the .Committee was , , :doing all it could, to keep Meikle,'quiet, and ■ ■ nfould.do whatever was possible to help tho . , Government to sccure a settlement of the '. matter. .