WHEN TO ARREST.

Dominion, Volume 4, Issue 978, 19 November 1910, Page 14

WHEN TO ARREST.

AUCKLAND JUDGE'S INDIGNANT QUERY. (By Telegraph.—Special Correspondent.) Auckland, November 18. At tho Supremo. Court . to-day evidence was given hi the ease,/ D. M. Greer v. the' Now Zealand Portland Cement . Company, a claim for wages and £608 damages for: wrongful dismissal. Messrs. Reed and Headman appeared; for the plaintiff,.. who was formerly; manager of the company, and Messrs. Cotter and Hamia for the defendants. Plaintiff, ,in evidence, stated that in April, 19KJ, a discrepancy be-tween-the stook> returns and the docks in the ; Auckland' office/ amounting, it was alleged, to £1/500, had been found and;no 'explanation' formed, though : a man; from, tlio. Auckland office camo to the works to look through the books; Witness, could not explain it, and. had never- been given anopportu- | hity to compare tho hooks to see how tho discrepancy arose.' In Juno, Mr. Holgate, one of the directors, and Mr. Kingswell asked him to resign, but fifve .no reason for tho request, and he declined .to .do so.. Afterwards Mr. Kingswell told him that ho would be sorry. .that he bad refused to resign. On Saturday last, at Whangarei, witness' was : arrested •on an information laid by Mr. Kingswell, of tho defendant I company. Before his arrest the company had never asked for any explanation •on . the ■ matter for which ho was arrested. His Honour: "What is the excuse for his arrest at all? I have said over and over again that neither the polico nor . anyorio ■ else has .any .Tight to arrest a person unloss thero is good reason-to give that .snch person will not answer a summons. A man is believed to be innocent till ho is proved guilty, but according to ..tho practice of; the Auckland police ho is deemed to be guilty tho moment an information is laid against him. To arrest anyone upon a warrant-, if there is good reason to believe that he would answer a summons, is an absolute abuse of the criminal process.- It is infamous to submit him to the degradation of arrest on'' a warrant, and drag him before the Police Court. Over and over again I have said the same thing. It appears to be useless, but I cannot allow, it to be thought that 'I countenance ..such' a practice." , In answer to further' questions, witness said he was arrested half an ho.ur before leaving by. the train to catch the hoat en routo to Auckland to prepare for.,the present case.. By arrangement., tho constables arrested him at Mr. Steadman's office. Ho was tiiken over to tho Court, and remanded to appear at Auckland, bail being allowed. His Honour: The policeman appears to have acted with consideration if no one olso did. To Mr. Cotter: Witness had not been refused access to any books or papers which might throw any light on tho discrepancy in tho stores. Ho would not suggest that tho absence of invoices was tho explanation of tho discrepancy. , The parties conferred this morning with a view to arriving at a settlement of tho action, and when the Court resumed at 2 o'clook, Mr. Cotter made a statement on behalf of the company. Ho said the directors of the company desired to express. Tegret at having dismissed the plaintiff summarily instead of giving him ordinary notice terminating his employment, and that ill regard, to tho matters upon which the plaintiff was cross-examined on the previous day. the. company. made no insinuation or suggestion, other than that thoro was a want of proper supervision by the plaintiff. Mr. Reed informed tho Court that a settlement had been effected between tho. parties...