PROSECUTION FIRST; PERSECUTION AFTERWARDS.

Manawatu Times, Volume III, Issue 77, 24 September 1879, Page 2

PROSECUTION FIRST ; PERSECUTION AFTERWARDS.

TO THE EDITOR. Sir,— As you are well known to always range yourself on. $he si^e of the pppresped, and ready to do baittle for the w^eak against force and fraud, I claim the. indulgence of a small space to lay my case before the t public. As most of your readers are aware, ' about nine months ago I was. arrested and tried before the Resident Magistrate upon a charge of illicit distillation. .... It is most : notorious that the, evidence upon which I was convicted was not only of the flimsiest character, but . spina of- it positively ..contrary to actual facts. We all know how eager revenue and police officer, are to ob- . tain convictions, and that will accpunt for the sworn statement of Mr. Lundon— that a zinc tank wouMstand the fire when used as a stiU. It is useless now for me to assert my innocence or analyse the evidence. I . have paid a heavy penalty, and like many a better map before me, have been a victim to circumstantial evidence, and they seal (?) ; of inte.-ested officials, but twouldyclahn that with the fulfilment of the sentence recorded against me, my pun'shment should end. When I wm arrested there were ceri tain tools belonging to me by whose, agency : I was enabled lo get my livelihood as a ; bush feller, splitter, and fencejj. These, of coui'se, were token possession of > by the authorities, and upon obtaining my liberty m July last I made formal application for them, when, to my surprise I discovered fchafc. 'as I had riot complied with Clause 150 of some Act, they had become forfeited to the; • Crown. Now', mark the monstrous injustice of the case. lam arrested, tried, convicted, : aad sent to Wanganui Gaol, and from the moment of my apprehension until my release 1 have not a soul to look after my property, yet _ am coolly told that because I have not made formal demand for tham within a certain tine, they are forfeited without redvess, notwithstanding that I was all the time as fast indir.ance ?ile as locks, bolts, and bars could make me. I ask, Sir, is not this adding persecution t> prosecution. I have mv living how to get, and yet the authorities have striven 1 heir best, after blasting my character, to taVafrom me, the r very means of earning it. In order that i you may be convinced of the. truth of my ? Btatements,' ll forward to you 'the.' ■ official. ; documents which passed between myseL Mr. Ward, R.M., and the sub-inspector- of ' police upon the matter. I wrote to Mi. Ward, and iy. re v tui4 received the, following ; — ".Memo— R.M. Office, Feilding.— Mr. ; Schluter, 1 am m reeeip.t p£ your note of \ the 11th instant requesting that Constable. Gillespie may be directed to retqrn to you certain tools alleged to be m his possession. and which you claim as your property. I will' enquire into the matteiv arid" write to you a*ain on the subject.— Robert Ward, R.M. July 17, 1879.'" "Resident Magistrate's Court, Marton, 21, Is79.— Memo, for Mr,

Palmerston. — Enclosed herewith I forward yon copy of .Sub-Inspector Goodall's letter to the Resident Magistrate here m reference to your; application for return of tools, &c, seized on the premises where the illicit distillation 1 was found.— Yours obediently, 3?. M. Deighton, Clerk ef Court." '& "Constabulary Office, Wanganui, July 19, 1879.— 5ir, I have the honor to acknowledge the receipt of your letter of the 18th instant m re the application by Mr. Fitz Schluter for return of tools, &c, and m reply to inform you that all chattels found dn the-premises where the elicit distillation apparatus was found were seized by the Collector of Customs, under the 103 rd section of the Distillation Act, 1868 j and m consequence of no claim r being lodged . under 150 of the said Act, the arlicles i_ question became forfeited. I have this day apoken to Mr. London, the Collector of Customs, on the above subject, aud he declines to comply with Mr. Schluter's request on tlie grounds aforesaid. — I have the honor to be, Sir, your obedient servant, (signed) Qoodall, Sub-Inspector A.CR. Ward, Esq., Pw.M., Marton." f/ I think, Sir, the above documents will speak for themselves, aud prove what gross injustice can be perpetrated m the muchvauntadnamepf the law.— -I;am, &c.,- - ' Fbitz Von Soß_iirT_aß.,