A HARD CASE.

Hawke's Bay Weekly Times, Volume 1, Issue 18, 20 May 1867, Page 116

A HARD CASE.

Perhaps there is no case more worthy , of the sympathies of the justice-loving public than one w;here an innocent per.spn is/convicted of an offence on false evidence, and made to suffer the ■/ penalties of the same-r-being consigned ; to prison, and made to associate /wiifi/

the vilest of characters; only too for* tflate if, on the merits of his or her case becoming known, he or she can receive a pardon —that is what it is called—for the wrongs endured at the hands of justice !

A case in point has just occurred in the neighboring province of Auckland, the sufferer being a domestic servant, Margaret Lynch by name, who was charged before T. Beckham, Esquire, R.M., with stealing a ring, the property of Mrs Hale, her late mistress. From the evidence of the said Mrs Hale, who seems to have been the only witness examined, it appears that there had been a quarrel between her and the girl on a certain evening (Sunday, 28th April,) and the girl had been discharged, and left the prosecutors house that same night, leaving a dress hanging against the wall of her room; that on going next day for this dress, and some other things, her late mistress went with her to her room, to search her pockets, and took from the pocket of this dress the ring which she now charged the girl with having stolen. His Worship found the girl guilty, and sentenced her to one month’s imprisonment in the Stockade, where all classes of criminals are huddled together. The prisoner, it seemed, had borne a good character, and was now only prosecuted after bringings charge of assault against her mistress. These points were dwelt on by Mr MacCormick, who appeared in court for the accused, and who also crossexamined the prosecutrix, but without avail.

The public of Auckland were greatly shocked at a conviction on evidence eo palpably insufficient, and lost no time in getting up a petition to His Excellency the Governor for the girl’s pardon and removal from the den of iniquity where she was confined, setting forth the facts already noted, together with the following in addition : —That before leaving on the night of her discharge she had gone alone, and the last thing, to her room where the dress was hanging, to get her hat and shawl, and that if she had placed the ring in the pocket of that dress she would have removed it, and not have suffered it to remain as witness against, herself; that no motive for the theft could be shewn, as she was not in destitute circumstances, but had money which she had lent to her employers and which was then due to her in addition to her wages ; that she did not object to or resist the search of her clothes, but was astonished at the ring being there, and told her mistress that she must have placed it there for the purpose, as might easily have been done; that Mrs Hale did not search any thing else, but went direct to the dress and took the ring from the pocket at once; that no evidence corroborative, of that of the prosecutrix was cabled, aud the accused was debarred by law from giving evidence in her own [defence; that the prosecutrix Uf§i on occasion charged a ser* she dismissed, with theft, blit had not followed up the charge; that the other inmates of Ihe house ought to have been called ter give evidence on the case before, judgement was passed, and sentence pronounced; and lastly, that the prosecutors, themselves, gave the girl a most favorable character for honesty.

The convictions of the Auckland public were so strongly in favor of the poor girl’s innocence that in one day more than two hundred signatures were appended to the petition, and it wai placed in the hands of two influential residents of Parnell,- for' presentation to His Excellency; rthese were, Messrs Hesketh and Walton* who

were chosen for that purpose at a public meeting, where also funds were subscribed for the chartering of a vessel to the Eawau, where his Excellency wa9. This vessel left Auckland at half past eleven on Saturday morning had a rapid run down, the deputation saw His Excellency, and was courteously received by him. On learning the facts of the case, His Excellency at once made out an order for the discharge of the prisoner, subject to the favorable recommendation of the committing Magistrate. The vessel made a much longer passage back to Auckland, not arriving until Sunday morning. Captain Beckham readily gave the required favorable recommendation, and noon of the same day saw the poor girl at liberty, and with her friends, having suffered just six days of undeserved punishment. There has been a flood of correspondence on the subject in the columns of the Auckland papers ; some of the writers bearing particularly hard on Captain Beckham, but one of the latest is in that gentleman’s justification, he says that he being off his guard was led away from the correct view of the case by the appearance of the prosecutrix in the witness box, the unhesitating and unflinching iD which she gave her evidence, and especially. so when he saw her stand that severe cross examination to which she was subjected by the learned advocate for the prisoner, and so he gave an erroneous judgemnt. We can only say that we are glad for the poor girl’s sake that there were some who were not so led away, and whose exertions have been rewarded by the pardon of an innocent person who has so wrong fully suffered. The Cross says, and we cordially join in the sentiment, ‘"We do not envy the feelings of those who brought the charge against her.”