Manawatu Herald. SATURDAY, OCT. 8, 1892. The Law's Delay.

Manawatu Herald, 8 October 1892, Page 2

Manawatu Herald. SATURDAY, OCT. 8, 1892. The Law's Delay.

» There is a case before the Woodville Court which is of much importance both to the public and to one man. The case hangs upon the question whether Mr Haggen, the editor of the ' xatnimr did really do what was wrong when he wrote some articles in his paper supposed to refer to a business man in that town. The man who asserted that the articles referred to him is a Mr Syms, a chemist, and to dear his character brought an action against Mr Haggen in the Supreme Court in Wellington, and obtained exemplary damages, besides securing the confinement of his libeller in gaol. The law can do no wrong, but those practising the law can, and the Judge hinted that he thought the conduct of Mr Haggen 's defence was unfortunate for him. "We have been led to understand that Mr Haggen did not expect to be placed in the position he was without being enabled to show the reason which prompted his writings, and he had to pay for his error of judgment by going to prison. The case of so much importance to him, is the one that has been partly heard in Woodville, in which Dr Davenport laid a criminal information against Mr Syms for the very acts which Mr Haggen hinted at. What we desire to point out as so very objectionable is the iniquitous delay that is to take place before the preliminary heaving is concluded. After two or three days hearing, the Magistrate, having other engagements to fulfil, has adjourned the inquiry for a month. To us it seems that the proposal is monstrous, both to the person charged, and to the person who is now being punished. To have such a charge hanging over any business man must mean a serious loss in money, besides much mental worry to him To Mr Haggen it means either assuring him that he has been justly punished for being too hasty to accept rumours for facts, or it means his complete justification and that he should be fairly entitled to a release from imprisonment. The effect of the adjournment means to Mr Raggen that he has, whatever the way the criminal prosecution ends, to.paag the whole of his sentence without the least chance of a diminuition of it. The position does not seem to be grasped by the Minister of Justice. The possibility of ordering the Resident Magistrate to finish the hearing of the case straight off, is as simple as granting him leave of absence. If the same gentleman wanted a holiday, "some other magistrate would quickly be appointed to take up his duty, and therefore one could easily have been sent to have relieved him for the few days needed to have finished the hearing. The matter as it stands now is simply a scandal, and we hold that very strong representations to the proper quarters should be at once made to get it removed. It is absolutely necessary in the interests of Mr Syms and Mr Haggen that the case of Davenport v. Syms should be settled either by a dismissal or a committal for trial. We are much surprised that the Woodville representative in the 1 ' ouse has had nothing to say, in his place, about this terrible tardy justice. Such cases do more to bring our courts into disrepute than ftll other thitiga combined.