The Gisborne Times PUBLISHED EVERY MORNING THURSDAY, OCT. 17, 1907.

Gisborne Times, Volume XXV, Issue 2213, 17 October 1907, Page 2

The Gisborne Times PUBLISHED EVERY MORNING THURSDAY, OCT. 17, 1907.

JUSTICES’ JUSTICE.

The letter of a correspondent published this morning draws attention to an undoubted weakness in our judicial system. The facts show that a well-known resident of the district, who has always borne an excellent reputation, and against whose general character nothing could be urged, was convicted and sentenced by local Justices of the Peace on a charge of theft. The only direct evidence adduced against him was that of a young girl, aged 11 years, who was alleged to have dropped a pound note in the street, which he was said to have picked up. Her statement was not corroborated, for not one of the witnesses who were in the vicinity at the time gave evidence that in the least degree implicated the accused. The only shadow of support to the story of the girl 'was the statement of the police—whose zeal in securing a conviction is at times quite remarkable —that the accused On being marched to the lock-up expressed a willingness to pay a pound to the girl rather than have any bother, a very natural remark under the circumstances. The financial position of the accused was looked into, showing that there was absolutely no motive for a paltry theft of the kind, yet on tho slender evidence referred to this respectable resident was convicted and fined. Fortunately, an ■application for a, rehearing was granted, and the case being put bofore the Magistrate the former decision was reversed. That anyone could have been subjected to the treatment accorded to the accused in the present instance must produce an uneasy feeling in the community, for it would seeiYi possible, for the most innocent person to he made the victim of a trumped-ijp charge. The fact of the matter is it is wrong in principle to expect honorary officers of the Justice Department to adjudicate in cases where a complete knowledge of the. laws of evidence and a lengthy experience in police court .methods is necessary. The two Justices who sat on the case in question arc gentlemen upon whose integrity and judgment the utmost reliance can lie placed, hut without special training it is unreason a hie to expect them to display the legal acumen that is looked for in our stipendiary magistrates. They hear a. plaintive story told by a little girl, anitl impressed by the aggressive, almost vindictive, methods of the prosecuting police sergeant towards the trembling though possibly innocent accused, they mistake bis embarrassment for guilt, and register a conviction. The community owes a debit of gratitude to those citizens who have generously devoted their services to the community in the capacity of -Justices of the Peace, hut the time is surely coming when, their functions will be confined to the more routine of their present duties. The ■public will not for long tolerate the possibility of such, miscarriages of justice as that referred to above, but will insist that in every case where a serious crime is alleged the accused shall he tried by a thoroughly qualified magistrate.