THE Manawatu Times. SATURDAY, SEPT. 25, 1880, LEGAL ECCENTRICITIES.

Manawatu Times, Volume IV, Issue 74, 25 September 1880, Page 2

THE Manawatu Times.

SATURDAY, SEPT. 25, 1880, LEGAL ECCENTRICITIES.

"Wbrdaara this;*, and .a drop «f ink falling like Avn upon a thought/produces that which makes thousands, p«rb»pn millions think."

Assurejdxt the legal paths leading to the Temple of Justice are devious and crooked m the extreme. Some few weeks ago a man named Waltbe .WilliaM&>; was committed for trial by the Eesident Magistrate to the Palmerston District Court, upon, the charge of larceny of a cheque* while a co-delin-quenti 'named Pbc?:, >ho had been brought up fo.r receiving a portion 'of money, thVprobeeds of the stolen cheque, was con/nutted for trial at the Supreme Court. IhTow, although we presume to the legal eye and rai&d, such a proceeding will appear^ quite correct, to the non-; professional it certainly is somewhat anomalou.B. We will luppose that Bbown murders Jones, and while Robtnson took no part whatever m the outragfi, yet becomes an accessory after fact by tho concealment of the body, would it be fair that Eobinson should suffer qanital Tfiul? %f

actual perpetrator of the deed should be indicted upon a minor charge ? Yet the supposititious and the ca«e of Wiliiams and Pec? are perfectly analogous. But the strangest part of th« fnatter has to bo told yet. At the last' sitting of the District Court, Williams; was brought down from Wanganui to be put upon his trial ; the Judge -was present, likewise the prisoner's counsel on one side and the Crown Prosecutor on the other; forty-two jurymen had been summoned, and eleven witnesses were present to answer toitheir recognisances, Mr. FiTZHEitBERT, who had charge of the prosecution for the Crown, read an affidavit sworn to. by him to the effect that, after having read the depositions, he was of opinion that were the case to go -to the Jury a,s one of. larcißnyi the pri soner would' b,e acquitted. To the uninitiated the presumption would be that the Crown Prosecutor would use the same authority (vested m him as caused him to enter a nolle prosequi against another prisoner, named Pekb gau. . But no ; the section of t.hV Act gives power to juries,— where charges are laid for larceny, and the evidence bears out the crime of embezzlement, —to frame their verdict-as if the culprit had been indicted for the latter crime. Acting upon the foregone conclusion that the jury would talce, the same riew of the case as hiirisilf, and find a verdict of embezzlement, Miv FiTZHBRBEKT made application to have it remitted to the Supreme Court for trial, upon "the plea that the jury, — of course only m his opinion- 1 — would not convict for larceny ; and if a verdict of embezzlement . were , returned it .could, not be dealt with, as it was a" crime of a magnitude and involving a sentence beyond the jurisdiction of the inferior Court. Of course the application was granted, Williams was remitted to the Supreme Court, and the whole of the eleven- witnesses will .be dragged .into Wangnnui, for what— because, if WiliiAMS be convicted of embezzlement he i* liahle to be sentenced to seven years, a term beyond the' power of a ! District Covirt to inflict. But 1 although the maximum penalty is seven years, and it iswithin the range of possibility that he may not get Half th"e ~ amount, still there is not the remotest probability that he will receive even the amount within the jurisdiction of the District Judge. Here, then, are two anomalies of such a palpably ludicrous nature, that were it not for the very grave interests involved, and harships inflicted upon unfortunate would h* supremely ludicrous. First, while the actual criminal could be dealt with m an inferior court,-an accessory after the fact has to be arranged at the highest tribunal m, the land. Secondly, the representative of the Crown, acts; as Prosecutor and Jury, and presuming to forestall the verdict of the twelve men summoned to try the case, relegates the case to another tribunal, where he is sure of a conviction. Of course we are not finding fault with the committing Magistrate, the Crown Prosecutor, nor the District Judge who granted the application. Everything was quite en regie, and quite m accordance with law, but the circumstances .will show what monstrous 'absurdities and' gross injustices are committed : m its sacred nanie, and unnecessary expense saddled upon the country iv orde* to adhere to circumlocution and Redtapeism. Tho eleven witnesses lpst._ficst a day at the Police Court, next a day at the District Court, and they have the pleasing prospect of a journey of 120 miles, and perhaps -a week's detention at Wanganui for the munificent remuneration of five . shillings a day, m order, that legal eccentricities may be indulged to the fullest extent.