THE Mount Ida Chronicle FRIDAY, JUNE 28, 1872.

Mount Ida Chronicle, Volume III, Issue 173, 28 June 1872, Page 4

THE Mount Ida Chronicle FRIDAY, JUNE 28, 1872.

There is a matter, with regard to criminal prosecutions in the Resident Magistrates' Courts, which presses so heavily and so unjustly upon the public that we feel it our duty to call attention: :tb it/with a view-Wits : redress. We allude to the non- payment of persons bound over to prosecute, and to witnesses' subpoanaed to support the prosecution. There can be no doubt that the law remaining as it is on this point causes a great number of criminals to \escape. the punishment they richly deserve, from the fact that informations are not laid from the fear of the persons being put to expense in prosecuting. In the Supreme Court and, as we have reason to believe, in one or two of the more favored Resident Magistrate's Courts—such as Dunedin, "Wellington, and Auckland—the presiding Magistrate has the power of allowing, in criminal cases, costs both to prosecutor and witnesses. In the country districts, however, the matter is different, and all the expenses attendant upon criminal cases fall upon the shoulders of the prosecutor and the witnesses. To make our meaning plain, we will cite a case which occurred in the Court here recently, and which, we feel, fully bears out our opinion. A theft of a watch and chain was committed at Mr. Luks' Waihemo Hotel. Mr. Luks,. upon the discovery of the robbery, very properly gave information to the police, and the thief was shortly after arrested in the vicinity of ISTaseby. Mr. Luks attended to prosecute, and the charge being proved, the man was found guilty and sentenced. A second charge of stealing from the Eyeburn Hotel certain ar~ tides of clothing, the property of one Donald Sutherland, an employee of the proprietor of the establishment, was preferred against the same person. Mr. Donald Sutherland attended to prosecute, and the theft being clearly proved, a further sentence accumulative upon the former one was passed by the Magistrate. Now comes the hardship: Mr. Luks had to travel some forty miles, and Mr. Sutherland some fourteen, at their own cost and expense, for the purpose of bringing a thief to justice: In order to save trouble and expense in the matter, and to enable the case to be dealt with summarily, Mr. Luks reduced the value of the' watch in the information to a sum which would give and did give the Magistrate jurisdiction. Now, had Mr. Luks

placed the full value on the stolen property, the case must have been sent to the Supreme Court for trial, and in such case he would have been jentitled not only for his expenses to Naseby before the committal, but to his expenses to Dunedin to attend the trial, as would have been also his witnesses, had he any. The system seems so anomalous that we cannot understand why attention has not been drawn to it, and every effort made to reform it. Had Mr. Luks so pleased, he might not only have put the country to considerable expense, but, at the same time, obtained fair expenses for himself, as well, as we have said, for his attendance in the Court here as for that at the Supreme Court, Dunedin. Why, in these criminal cases, witnesses who are subpoenaed on behalf of the Crown to prosecute crime and uphold the majesty of the Law, should be called upon to do so at their own cost and expense —oftentimes at great loss and inconvenience—is to us a mystery. In aiding to detect and punish crime they are really made to punish themselves. This surely is not as it should be, nor is it common-sense or common justice that such a system should longer exist. None will, we think, fail to see the gross absurdity and injustice to which we have alluded. Were a united effort to be made by the up-country Press to get this abuse remedied, we cannot doubt that some action would be taken in the matter with a view to the remedy of the evil of which all justly, and very justly, complain. Fortunately the criminal cases up-country are not many, but that does not render it the less hard that when they do occur the expense of their prosecution should fall upon private shoulders, instead of, as they should do, on those of the Government. The sumrequired for the purpose would be small, and is one which the Grovernment should in no way begrudge. We invite atten- i tion to the subject in the hope that it may be taken up, in the first .place, by the Press, to be subsequently supported by the representatives of the. various districts in the House of Assembly. but to be agitated to get it repressed.

Monday last being St. John's Day, the Brethren belonging to the Mount Ida Lodge of Freemasons assembled in their room, Masonic Rait, in the evening. W.M. isro. Newman was again chosen to fill the high and honorable office of Master for the ensuing twelve months. The installation of the P.M. and officer* was proceeded with according to ancient manner and custom. The following Brethren were chosen officers for the ensuing twelve months: —S.W., Bro. E. C. Smith ; J.W., Bro. J. Hutcheson ; Treasurer, Bro. James Brown; Secretary, Bro. Hugh Wilson ; S.D., Bro. G-. F. Kewmarch; J.D., Bro. John Jepsen ; 1.G., Bro. Geo. Stephens ; Tyler, Bro. W Baass; Stewards, Bros. M. Young and R. B». Hore. The weather during the week past has been the reverse of agreeable, there having been thaws by day and severe frosts by night, rendering travelling of all kinds extremely dangerous. Indeed, in the early mornings and throughout the day, in those places not subject to the sun's influence, the roads and paths have been a sheet of ice. A little water is coming in in the afternoons, but we cannot report mining operations as being active, the fro9t at night being so severe.

We call attention to the sale by auction by Messrs. Inder and George, on the ground, Kyeburn Diggings, of the farm and farm implements, the property of Mr. John Cogan of this place. This property is well known, and should command a large attendance of buyers as well as spirited competition. The sale of the late Dr. M'Cambridge's effects is also announced. It takes place on Friday next. On the occasion of the la?t visit of the Warden to Hamilton, Hyde, and Macraes there were no cases in Court, though a very large number of applications for mining privileges were heard and disposed of. We would call attention to the meeting advertised to take place on the evening of Friday next, the sth proximo, to be held in the Union Church, to take into consideration the advisability of disposing of the manse property and furniture and applying the proceeds to the establishment of a Mechanics' Institute or Athenaeum. As the object i 3 one of great interest to the public we trust that there will be a full attendance.

A pubmc meexikg was held at George's Tictoria Hall, on the evening of Monday last, to take into consideration the advisability of getting a petition generally signed throughout the district, requesting that his Excellency the Governor -would be pleased to exercise the royal prerogative of mercy in favor of John Ewing, who was convicted at the last session of the Supreme Court of shooting a Chinaman at St. Bathaus, with the intention to do him some grievous bodily harm. Mr. C. F. Roberts in the chair. Proposed by Mr. A. M. Brown, seconded by Mr. Spillard, "That a Committee of eight be appointed to canvass the district,

with, the object of getting tho petition as- extensively signed as possible." Carried. It was also further proposed and seconded that the said Committee consist of the following gentlemen : —C. F. Eoberts, A. M. Brown, J. Green, J. Farmer, T. Jackson, J. Lewis, H. C. Hertslet, and J. Dillon.

I We hear that the station of Mr. J. A. Douglas, generally known as that of Comber and Douglas, has changed hands for the sum of £14,000, A. Tolmle, Esq., of Dunedin, being the purchaser. Since our last issue another case of accident has occurred, furnishing our District Hospital with another inmate. . The patient in this case is one Joseph Hughes, a wellknown carrier in this part of the country.. The particulars, so far as we have been able to gather them, are, that on the night of Monday last, when between the Kyeburn Hotel and the Plough Inn (Amies'), while passing along a sidling Hughes' dray capsized, falling upon him, thereby causing a fracture of the leg, and it was only by a miracle that he was not crushed to death. As it was, he lay under the dray for between two and three hours before he was found and a messenger despatched to Naseby for assistance. A conveyance was sent to the scene of the accident, and the patient removed as quickly as pessible to the Hospital. What will Mr. Tolmie s»y now of there being no necessity for an Hospital in this district. Already are there three cases of broken limbs, in addition to a fourth case of a different nature. Strangely enough that, notorious as this place has been for accident from earthfall, only one (that of Arthur Moloney) out of the last six cases of broken limbs has arisen from that cause, the other five being the result of horse or dray contretemps. For the last few days a petition has been in course of signature, having for its object the exeicise of the royal prerogative of mercy in favor of John Ewing, who was convicted at the last session of the Supreme Court cf an attempt, by shooting, to do grievous bodily harm to a Chinaman at St. Bathans, caught in the act of robbing Ewing's tail-race and grappling with his watchman. A legal point had been reserved for the opinion of the Appeal Court, and judgment deferred to abide the issue. The Court of Appeal has decided against the reserved point, and Ewing will now have to surrender himself for sentence. Considering the whole circumstances of the case, as set forth in the memorial to his Excellency the Governor; considering, moreover, ithe expense and mental anxiety to which Ewng has been subjected since the commission of the offence, we cannot but think the case one in which the prerogative of mercy might and could be fairly exercised. Indeed, we have little doubt that the memorial to which we have referred will have the desired effect, and we siucerely trust that it may. The following private telegram appeared in the ' Post.' It is dated London; May 10, and comes via Melbourne:—Fall in greasy wool, 4d.;' other kinds,'3d., from the highest February rates. Bank rate of discount, five per cent.

We ('Echo') understand that Mr. Stratford, who was formerly a-Warden, but is now Gold Receiver at-Naseby, will be appointed to the Arrow district. It is only fair that he should be so promoted. Twice have junior officers, because of political feeling, been placed over him. Surely this evil will not be perpetrated a third time.

Maixs for Great Britain, Europe, America, &c, via San Francisco, will close at the post office here, at 8 a.m. on Wednesday, the 3rd July. Money orders and registered letters at 5 p.m. on Tuesday the 2nd. In our last week's issue, when alluding to the comparative regularity of Cobb's coach, under all the difficulties of heavy snow-and severe frost, we had not the slightest intention of casting any animadversion upon the other mail line via Macraes and Hyde, and under contract to Daniels and Co., and which, though only a new line and with a very trifling amount of subsidy, has been performed with extreme regularity—the arrivals having been before rather than after time. It must be very satisfactory to passengers who travel by thi9 route, as well as to the residents in the townships through which it passes, to know that they can be carried with safety and have their mails delivered with punctuality in this severe weather.

As a proof of the severity of the weather which has for some time past prevailed in this locality, we may mention that for the last week or ten days skating on the dams has been the favorite amusement. Indeed, we have heard the ice spoken of as sufficiently thick and strong to bear a team of horses. A conceet with readings will take place in the Masonic Hall on Monday, the Ist July, in aid of the funds of the Mount Ida District School. The Naseby Brass Band will give their services. The object is a good one, and at the present time deserves more than usual consideration at the hands of the public, as the recent removal and enlargement of the building have compelled the Committee to exceed the funds at their disposal. We trust, therefore, that the public will show their appreciation of the improvements made by giving a full attendance on Monday.

By reference to our advertising columns, it will be observed that the Masonic soiree is announced to take place on Monday evening, Bth July prox. A COMMISSION, consisting of Mr. J. L. Gillies, Speaker of the Provincial Council, Mr. J. P. Maitland, R.M., and Mr. H. W. Robinson, K.M., has been appointed by. the Government to enquire into the allegations contained in the petition of certain Chinese in the Wakatip District. The Commission will commence its sitting at Queenstovm on the Ist July next. The Hospital Committee acknowledge, with thanks, donations of books from Messrs. J.

Petchell, N. P. Hjorring; G H. Smith (St. Bathansj, and J. Bremner, (Hamilton) ; five bags Kyeburn coal from Mr. Durward; Otago 'Witness', from Mr. J. B. L. Luks, Waihemo Hotel;. and 'Mount Ida Chronicle.'