Judges and Resident Magistrate.

Manawatu Standard, Volume X, Issue 1468, 30 September 1885, Page 4

Judges and Resident Magistrate.

A CURIOUS CASE,

(UNITED PRESS ASSOCIATION.) INVGRCAttGiLTj, Monday. Some time ago Judge Ward ordered the criminal prosecution of a "deferred payment settler here named Daniel Henry for fraudulent bankruptcy, he having failed to give satisfactory explanation ot what he had done with a cheque of i'Bo which was m his possession two weeks before filing. The accused was brought before the R.M. Court and discharged on the grounds that the statements made by him before the assignee as to the cheque could not be used against him m a criminal charge. The magistrate also held that there was. no evidence to prove that the accused was the man, who cashed the cheque. At the next sitting of the District Court Judge Ward passed some strictures on the action of the magistrate, who, he remarked, held peculiar views on the bankruptcy law. The magistrate, Mr McCulloch, replied to the judge, stating the facts of the' case, and characterising the remarks of th c judge as uncalled for, unwarranted, and offensive.. At Saturday's sitting of She District, Court Judge Ward, m answer to the assignee, ...-said Henry should be' ordered to appear for examination, and if he did not attend the case was to be struck out. The judge referred at length to y the nature of the evidence, and concluded a3 follows :— I .'regret the Resident Magistrate should have developed such peculiar views of law for my own sake. Hitherto I havo directed prosecutions to be commenced m this court j- not deem iug it advisable that the same judge should act as committing. magistrate and preside at the trial, but m future I must undertake the preliminary inquiry myself, m order to prevent a total failure of justice.