The Globe. WEDNESDAY, JANUARY 30, 1878.

Globe, Volume IX, Issue 1219, 30 January 1878, Page 2

The Globe. WEDNESDAY, JANUARY 30, 1878.

“ Tkial by Jut/’ says tlic weil worn p] ; , ’ js the •‘j.a’latl’um of the people’s •“ }■];;. ;>s/‘ and no doubt there have been periods jj, Ibo history of England when it Wf s i e-ga 'ed as a much greater privilege than it is now. ibwmg to the igm/.m-e and stupidity of some juries it’ to limbing wo .-so < here have been f C ;p:. at v ,„,.3nf air : s<\ vri.igo of justice, which in a' 1 pvobab'tty would not have hnppe.n-.d ba 1, they been tried by one of Uie judges instead. In these days, when honorable and upright men occupy the Bench in Great Britain gml her dependaneies at any rate, cases would bo on their merits more frequently

1 1 an they aro ovea in ciimiual cliargos, w< io tl.o jjrcsid’ng judge to give the vex diet l imsolf. But as tl rro is no

]_ vrbah'lity of a change being made in t' in dh’oction, it is important that trial by ju-y si a. 11 be re: derod an efficient as passible. Vv’c- 'low attention the ot ■, r day to a pvor "a. made by Mr. Shed, u, to consider the propriety of ame.iu' g Iho law relating to special juries. Yfc trust, while he is about it, he will not overlook the interests of petty jurors. The paltry remuneiation they receive will not cover iho incidental expenses tlieyare put to, apart fv. it 1 e serious loss the majority of them incur by their enforced attendance at the con ;t. But this is not the point lo which wo wish to allude at present. Wo desire to point out the nee xJ-y of a sea ling the law which requires the unaioiudiy of juries. It is njahdr.'-.i.id, c£ course, that this necessity seen the impartial administration of justice—t 1 at the unanimous verdict of twelve men is far mere sure to ho right than that of a majority of say fifteen. We think this is very doubtful. There are many cases on record in which the verdict übhuately given, was not that of t 1 o twelve men at all, but of a stubborn minority. That of course was in the days when lum-agrecing juries were treated as if they had been guilty of some g- :at crime. They were deprived of food, heat, and light , till they came to verdict, and ti e cc sequence was that the men u'itsd w.th the lar. est power of physical enduia. ce won the day. This of course has a 1! been changed now. But it lias not done away with the power of or* man to oppose the witod opinions of tie other eleven. If the case is an important oue, a: id the accused has the means, there is always the dam er cue man out of the twelve being 1 “got at,” as the phrase is, and thus defeating the ends of justice. A celebrated case, tried in Dunedin Die other day, is no doubt fvesh in the minds of cur made s. After two juries had been discharged from inability to agree, the case w;,s finally abandoned by the Crown, to the utter astonishment of the colony. In that instance, we ask, would the case have ended as it did had the verdict depende 1 on a simple majority of t"ie jury? Public opinion seems to say not. It was freely asserted in Dunedin that the majority on one, if not both, the disagreeing juries, were in favour of a verdict of guilty. This is only oue instance out of many which might be cited to show how the present system often results in a failure of justice. The system which wo advocate is not an untiled one, as many of our readers no doubt are aware that it works most satisfactorily in Scotland, The e a jury consists > fifteen men, and a majority decides 'io verdict. It is not at all likely that eight out of fifte en on any one jury could have any mo'ivo, beyond securing iho ends of justice, in giving a particular verdict, but it is quite within the bounds of possibility that one man might. For these, and other reasons which might ho adduced, we hope the Minister of Justice will net overlook this question also, when lie begins his investigation into the working of the system prevalent in civil cases in Victoria and JSbw South Wales.

Wfun we spoke in yesterday’s issue of the impossibility of the Goyernmep.t qf the country being carried on successfully were one or two of the members of the Cabinet say in Dunedin and Auckland, we did not forget that since the session has closed the majority of Mini iters had been absent from the seat of Gov ernment. While Sir G. Grey and Mr. Sheehan wore star ring it North, Mess •s.Macandiew and Larnach were in the far South, trying in b different way to make things smooth with their constituents the.*©. The affairs of the colony were left to Colonel Wlr tmove and Mr. Fisher to manage as best they could, Since then Sir G. Grey and Mr. Sheehan have paid a fiyhig visit to Wellington, but have opce more starred for tire North in the Government steam yacht, this time, however, on a visit to the Maori King. It has generally been maintained that abolition would entail an enormous amount of additional work on Ministers, and the necessity of adding to the number was strongly urged in some quartern. But if we are to judge by the conduct of the present Ministry, they find no difficulty whatever in managing for a lengthened period with only two or three, members of the Cabinet at head quarters,. If Ministers fulfil the promise made to the House, Parliament will he called together in June. In that case they have a large amount of work to undertake during the next few mouths. In addition to putting the affairs of the departments in order, consequent on their continued absence from Wellington, they have all their measures to prepare. This task is far from being’ a small one. The programme sketched out by Sir G. Grey last session promised measures, apy pne of which, world require more attention, than to all appearance, will be devoted to all, before the House meets. Fi;r one thing a measure embexlyiug a complete change in our financial system is promised, which ivill so adjust the burdens of taxation as to make all contribute their fair share to the revenue of the colony. An at temp j will also be made to amend the Land Bill, which was carried through the House by- the Gray Government, and which the Pro?., dor has been .denouuoing all qyer the country oyer since. Then there aro to be measures altering the representation, and changing the franchise, besides other important questions, all of which have to be dealt with before the House meets, yet to all appearance it may bo a mouth or two before the Cabinet find time io meet together in Wellington to cousnU ou thoso important subjects.

Iw Monday’s issue wo called attention to the necessity of vigorous measures being adopted, to enforce the bye-law regulating the speed of driving round the corners of certain streets in the city. We now learn that aothe steps have been taken by the police, and that in a few days a number pf offenders against tin* p»'o\ i--6JOUS of tbo hvedaw will have to appear before' the Sestet The bye-law is as follows : ‘ iu pi;nuance of the irlm/.cipal Corporations Act, 1876, and of all other powers and authorities enabling them in this behalf, the Council of the City of Christchurch do ordain M I°No person shall ride or drive at beyond a talking pace upoq or along auv of the fol-

loving places within the City of Christchurch, that is to say : (") The Headway Common to Colombo street and Hereford street. (5) Any other portion of the roadway of which Iho City Council may from time to limo give notice Viy advertisement published in some newspaper circulatin ' b. Cliristehurch.

ll.—Any person offending against this bylaw shall for every offence be liable to a penalty not exceeding £5. Am the law stands at present,therefore, any person is liable to a. penalty not exceeding 1 £5 who rides or drives beyond a wa'kmg pace, over the roadway included in the intersection of Colombo and Hcrefo d streets, i.e., the whole of the roadway included within the following four comers, Bank of New Zealand, Golden Ago Hotel, Brice’s Corner, and Fisher’s corner.