THE SECRET CASE.

Dominion, Volume 4, Issue 1140, 30 May 1911, Page 4

THE SECRET CASE.

FURTHER PRESS COMMENT. The newspapers in oilier parte continue to comment on the Macdouald case, generally in very severe language. Tho "Otago Daily Times" (May 2") says that "by resigning his seat in the Legislative Council, Mr. Thomas Kennedy Macdonald, whose name- has been prominently before the public in connection with his administration of a trust estate in Wellington, lias vhown a more adequate appreciation of the fitness of things than has been muni feted by another member of the Upper House," a partner in a firm that lias been heavily lined for supplying the Unci and Income Tax Department with falso returns." Tile article concludes as follows: "11 is possible, however, to talk a good deal fit cant about the wickedness of liarrassing a man who is in ill-health, A sick man is no more licensed to misappropriate 1 trust funds than a healthy man is, and any weakness on the part'of the Courts in dealing with persons in a diseased state, against whom grave charges of dereliction ot duty as trustees are made, may quite conceivably lead to .the formation in the public mind of totally erroneous ideas with respect to the responsibilities of trustees. Wo do not say that, except in respect of tho deterrent influence it might have had, any sense of satisfaction would have lieen entertained by anyono if Macdonald had been committed to gaol under the writ of attachment, but it would have been more in accordance with recognised principles if, instead of the condition of his health being made a reason why ho should not suffer incarceration, the question of his release from custody because of tho possible effects of imprisonment upon him had been discussed after ho had been committed to gaol in pursuance of tho writ of attachment."

The Taranaki "Daily News" (May 27) has a long article, regarding the. case aa "oho of the most remarkable in the country's annals." The Press of the country, it points out, was "almost unanimous that tltc secret heaving was a perversion of justice,", and it proceeds to make some contrasts. The defendant, it says, "apparently did not develop dangerous symptoms under the mental distress of being called upon to answer tho charge. Although apparently tho medical men previous to the hearing had not examined Macdonald to ascertain whether ho could stand the menial distress of appearing lwfore the Chief Justice, it seems probable that the secrecy may have been prescribed on account of a knowledge that he was i\ot in sound bodily health. As most misdemeanants- aro not in sound bodily health, it is obvious that they should not be subject to the rude gaze of tho half hundred idlers who lean across tho Supreme Court barriers, and if precedent is followed, the physically sick burglar may ill future hopo to have his name kept out of tho press, so that mental distress may not affect his already undermined health." The "News" incidentally remarks that if tho Judges aro more concerned about the health of Macdonald than about justice, (hey should suggest same plan for withholding any proceedings that may lie now taken againsfcdiim for recovery of the money.

The "Polorus Guardian" (May 26) says: "Everyone who has a spark of respect for our Courts of law and for the Judges who preside therein will bo very much concerned with the precedent thus established—a precedent that completely overthrows all preconceived beliefs I hat law, equity, and good conscience are the bases of justice. . . . Nothing will convince the. bulk of tho people that only tho man's position as a Legislative Councillor and as a prominent citizen of Wellington saved him from a conviction that most assuredly would have been awarded had he been less influential. It is doubtful if Mr. Macdonald has an enemy in tho world who desires to see him behind prison bars, and there are certainly many people in New Zealand who heartily sympathise, with him, Iwcausc we nil know that 'to orrishuman'; but itisjustthisloavcn of sentiment that has led the Judges to givo a verdict that will go down to his■voi'v'"ih 'NeW 'Zealand as 'a 1 very grave judicial mistake. It is a simple matter to make statements of this nature, and the Judges will' probably dismiss with contumely the unanimous condemnation of the press of tho Dominion; but in a matter of such grave public concern, where there were no political issues involved, nor any of a legal nature connected with the acquittal of Macdonald, tho press of New Zealand, which can very confidently claim to be a faithful reflex'of public opinion, is at least as capablo of gauging the effect of such a verdict as arc the learned Judges, cv«n though it may not be able to follow tho j tortuous legal by-paths that led them to tho ultimate debacle."