"BEING FOUND BY NIGHT," ETC.

Dominion, Volume 2, Issue 533, 14 June 1909, Page 5

"BEING FOUND BY NIGHT," ETC.

Shy-Some weeks ago I drew attention in your columns to what' Appears to be the illegal, practice of arresting all and sundry persons "found at night without lawful excuse," ete. I did so in the hope: thai the matter, would be looked into and rectified in the future; but'possibly it was expecting too much under present conditions, hence I now refer to it again in the interest of the purely unfortunate to whom, the clauso of the Act does not at all apply, such as Susan M'Laughlon, for instance (who, if. I remember correctly, was found asleep). ' It simply applies to'.criminals or persons, found in such'places with a criminal intent, or where there is good reason to suspect'such intent. •. This.should be known' to those particularly interested to • prevent injustice being, done. Our criminal law is j: ,of'.course,; founded»on the English, and no doubt the olause referred to is. a good and wise one when properly otherwise it may gross cruelty and injustice. , It is well-known'that the unfortunate poor receivo very, little consideratioo from the police in tiie krge cities at Homo, because'hardly any can afford a lawyer, to defend .them : still some such oases' wore' re.feared to'.tne.'higier' Courts, with, the result that it was .clearly laid -down that ,to justify subh-a ,'charge' "tiiero. must be, reasonable grbuhds,to,believe the.person.went.on lie premises with a criminal or felonious intent','', and ''.that an'immoral or civilintent" is.not sufficient;' hence anyone there 'withont.'."a cnrainal'intent''is simply a trespasser,: and is','.only liable to arrest only on refusing, to leave'on' being requested'to do so by some one authorised to give the order, I am pleased to seo tihat our worthy Magistrate has not sen? one'of.'these harmless unfortunates brought before'him to prison; but really this is hardly, He should tell.the apparently, ignorant police they should find some other .way of dealing 1 with such persons.—l am, etc.,'' ■'■."■''' "]■'■ -''",' ■.. '■'.' JDSTICE. :A ' ■'• JunelO, 1909. .-.