TRIAL BY GRAND JURY.

Dominion, Volume 3, Issue 670, 22 November 1909, Page 9

TRIAL BY GRAND JURY.

;■ Sir,—lt 'is said, that' the '.-way.-'of the-trans-gressor 'is;hard.,':The;truth, ot■ this maxim-,ii dependent iajpparently) oil- the', locality'. of-the transgressor.;;.ln America,'for exampio,',criino is not ahvays.foiiowed by punishment. l iivsomo" parfa;bf-tlid Dominion it. is* supposed that tho' Respecter of'persons'.'Justice, we have been led to believe; is not'only; above suspicion,' put abpvo'.the .appearance 'ot:suspicion,. This high-minded: sentiment was ; good enough in the plu-fasliionetl- daya : of Beutham; but- iu/ChristcJbiurch• ;has■'recently; suffered a,.'severo 'shock. Knocks of: this,,kiiiu : are; not- quite;unusualvin (Jhristchurch.,.,''.N b' • opulent! Irian , -'over - goes'; :, to gapl,;in :.Christchurch. .' His wife may steal in a barefaced rnannsr, a solicitor's trust estato'may vanish: to,the extent oi-thousands without cohviction,'or oven-prosecution- under thb'.Bank-' ruptcy.Actj rqot6tists.;may i tako ! away..thedivDs oi;theirl'ellott' humans , ,', but '.fortune •'■. favours thpinin Christchurch;; ! The! cases.come to";iib- ! . thing.,;-Tho. last whs n most striding ouej , and; has,set.the.whole town talking. ..':"" 5. .;"..' ':■ A.youngrinaivof wealth, moving in the',most fashionabio-citclesj-brought some volunteer officers Jfrbm manoeuy'res ••at.rYaldhurst; into Ohristohurch in,'fi, motor-car.; On .the;-way to tbwnVthe motor gbt : out of hand and collided withtwo electric-tram;poles. : An officer,.Cab-. .tam;Pavitt;,was',unfo'rtunately killed. At the coroner's : inqiifest, , the 'solicitor for' , tho young |- man. was, contrary, to precedent, allowed to ad-' fdress.tho'jUry.;,'A prosecution followed beforo Mr, ..Bailey, 'S.M.i' a magistrate .whose ■imparr tiolity and legal 'ability-no ono will dispute, not ,oven.,:the Attorney-General, 'who' knows ■ Mr.'; Bailey well. The yoiing man was 'committed for,;trial; the;magistrate, holding -,that a clear' Srima ;facie.case:liad'been made out.;. The evi-. enco. for ; the prosecution .may, be summarised thus.';'. Eight or nine witnesses, incliiding :respohsiblo. volunteer-; officials, deposed that the 'accused :was drunk.- ' To..corroborate this was tho, admission of the nmised at ,, the .coroner's inquest that ho had had eight or nine, ; drinks on- tho day in question. Then' a .number of witnesses deposed that the-car; was going, at an, ■excessive rate of speed. Four miles from the scene of tho.accident, according to a volunteer pfficef; who) was. an .expert judge .of speed, the Car .was going 3840 , miles an hour. To corroborate their testimony was the wreckedcondition of tho'.first .steel : tramwdy; post strnOk,' tho wrecked condition .of thecarafter tlie accident, and othor attendant circumstances. For the;defence >.pven witnesses,- including, responsible volunteer; officials and two local medical, men of .standing,; deposed that tho accused was sober. No attempt'was niado to ancwer;tho;question as to,excessive speed. On ■these-''facts the niagistrato committed the ■• accused.;.;■;■"-:-.-:-.. '•■,'., '. ;, .-.' "'..■'■•.'' 1 -j , --;;-. : .-- ■• - -"'.'■ ; oSotlio.matter .stood. .' Tho caso must go hoforo the common jury, was Uia general pub'>;;iinpression of the mattor, although equal c-Virtpathy. was. felt; for tho family of tho un- ! iurhiimto man : who was killed, and for tho I p'ainfill';.position "of tho younp man',who was charged, i Tho public 'wanted fair play.. It was for a common.jury to soy, aftor hearing all ■ the'evidence,' whpthor the -. acouscd was culpable. --'i l hosp;,who .remember,: what. Christ; church;, grand ,juries..havp. done in. the, past,' ■ wero not'surprised at what has r hnpponcd. In ilat.'deiiahcn. Of. the ..directions of tho Judge, ■ and.of'aU prinoiplesj constitutional and' legal; tho gratid jury '.-proceeded .'to try tho, case in; camera. vThey; callodV (hu; witnesses;. for : tho :■ defence "as'we'll, as. forthb.prpsecutibn. 'TOien : a>voto : ;whs'taken,:there.were : ninb-for,finrting ■a 'bill," ; nnd : iiirio ■: for throwing it out.. Conse- ■ ;qu6ntly;-,;.the. bill -was piit .out. 1 -''■'.;:. ;, "-•• '-'■■; '"'_ .I- -Everyone was .astonished,, and' ono Christ- ' church: 'pvenirig . ; papfir' ; "'Criticised'.", the .action of:.the--'jhry.'./eevoroly.' -No ono has b?en .found ,tp -defend it. ' The : procedure; adopted .by. the 'grand -jury, in calling • the'..witnesses for \ tho defbncej:was:a .most extraordinary one, and ' no r prccedent'.can;be fouad'for'Hi- They, gave

their wealthy spcial equal treatment different to that.given to those in a humbler "sphere of lifo, Is theio one law for the rich, and' another for tho poor? Some time sinco the jury threw . out : the bill agMnst a draper's canvasser, charged with thel't. Tho , authorities promptly, brought.fresh . proceedings, and he was recommitted, convicted, and sentenced .to'six months' imprisonment.. Will a similar course-bo followed in tho present case? That is' the question people in Christchurch aro asking; .' •■' .... ; ; ■' ~ ■'.. . V. . . ■' : The question as to the retention or abolition of grand juries is being rnisod at tho present timo in the House in connection with this case. '• Lot mo conclude, by quoting the opinions of two of tho highest authorities' of English jurisprudence as to the duties and powers.of.grand juries. ... , .' ~. lilackstone, in his Commentaries, eays: "The grand jury are previously instructed in the articles of their inquiry by the Judeo who .presides upon tho-Bench. They,then withdraw to sit and receivo indictments which are preferred to them in tho name of the King, nnd they aro only to hear the evidence on the part-of tho prosecution for the finding of an indictment is only in .the nature of an inquiry, or accusation which'is afterwards to be tried and determined, and the grand jury are only to inquire, upon their oaths, whether there is suihcient cause to call upon the nartvto answer it." - . .' . :■' lL * . niithor of /'Trial by Jury," says that after the jnry have beon instructed bv the Judge, 'they then retire and examine the witnesses who support- the accusation. . . ■ Their duty is to satisfy themselves from : the , stnteraont on the part of the prosecution that cumcient' -cause appears' for calling - upon ; this accused partj :to answer, the charge made against him. :, - . . ■ I . Christchurch i grand juries: disagree with ■piaclcstone and Forsyth, and Justices Denniston and Chapmnn.r-1 am, etc.,. ;'-V'.'-' ; : ■■/'/■■'■: : :): '"':.;/■.VINCAT-LEX.;