THE WEEK.

Nelson Evening Mail, Volume VIII, Issue 10, 11 January 1873, Page 2

THE WEEK.

The Fittings of the Supreme Courf; have proved the most interesting event of the week, the lawyers bave reaped their periodical harvest, and prisoners have been sentenced or acquitted as tha case may be. Not all of them, though. Oae individual has been found guilty of the offence of which he was accused, but is still at larpe because no one knows what a " building " is. Great discussioos have taken place upon this question. One barrister tried hard to prove that a breakwater was a building*, another with equal force argued tbat it was not, and alter some smart thrusting and parrying on both sides, the only satisfactory conclusion that could he arrived at by the contending parties was that a building was — well, a building. Even the Judpe himself was puzzled. Outside the precincts of the Court, I have no doubt that he would give as clear a definition of the term as any man, but certain obstructions in the shape of a wig and gown, and a New Zealand statute, prevented him solving the knotty question which now has to be laid before all the assembled Judges of the colony, and Palmer's freedom or imprisonment depends not upon whether he did pr did not set fire to a certain breakwater against the peace and dignity of our Sovereign Lady the Queen, hut upon tbe far more important point whether or not that hreakwater was a " building." It the Chief Justice and all the Puisne Judges decide that a breakwater is a building, Palmer goes to gaol; if the contrary, he is a free man. Such is the "beautiful simplicity of our laws. Perhaps it is as weil tbat the question should have arisen on so trifling a case as this, for whatever may be the decision of the Court of Appeal, no one will feel greatly aggrieved by it, as after all it is but a trivial offence. Tbe whole circumstances could not have been more aptly put than was done by the Judge in his summing up, when he stated that the arson, or fire raising, or whatever it maybe termed, was clearly the act of " an eccentric person who'had gone considerably out of his way to perform a very out of the way action." However, it is a matter of no little moment to the accused whether, in tbe eyes ol the law, a breakwater is or is not a building. Everything considered, I shall perhaps be excused if my weekly communication to-day savors strongly of the Supreme Court, so I have little hesitation in referring to another matter in conuectiou with it that has been brought under my notice. Meeting a friend yesterday I was by him accosted as follows:— Qh ! Mr. ■ — , I have to propose a text on which you might write au excellent sermon." I bowed an acknowledgment oitbis uninvited tribute to my sermon-writing capabilities, when my friend proceeded to state that his text was — Why, when some six-and-thirty common jurors are summoned and detained during the whole sitting of the court, should one or two or more of them be required to give their services in every case ? Now lam not. going to write what can be called a sermon, because, although I could if I chose v extend my remarks, on the subject to what, would lorm .a full half-hour's reading, I mean to put what I have to say into a*, very few lines, and, consequently,; it. can scarcely lay claim to thbtfignified titlie of a " sermoD." Is there; aoy rfeasoir v?hy the ,

same twelve men Bhould be liable, so soon '■8 they bave been 'disrharged from one jury, to bo ciillol upon to serve ou another? Could not they be freed for a tVw hours at least from their labors unci allowed a little rest, while olher fwelvu sat in judgment on the next case? It cannot be argued that all the, best men are called the first time, and, consequently, that the counsel are anxious to retain their services in the other cases. It has been observed before now that there is occasionally a sad lack of discrimination , exhibited by the hat from which are drawn the numbers that are to decide who "shall run together in a three-legged race, am! the ballot cylinder ih a Court of Justice is not altogether free (Vom a similar chars c. To outsiders who know nothiug of the intricacies of the.law it seems only just and fair that the names, of tho>-e who hay** already served on one jury should be excluded from the box until ihe next one has been called. Perhaps this is a question that may be considered not, altogether unworthy of the attention of the Court. Tho friend to .whom I have alluded — who by the way is an ardent admirer of Charles Dickens — stated in support of his views that the counsel for the defendant in the famous trial of Bsrdell v Pickwick had displayed considerable ipxiety as to the breakfast tlmt had been partaken of by the jury, as the result of his experience in such matters was that a well led and comfortably feeling juror always found for the plaintiff. I don't think toy friend's argument was a happy one 6ince bis object was to show that a jury who had breakfasted or lunched,

smoked iheir pipes, and prjoyed a rest, were better abU- to attend to their duties than men who were already wearied out ■md half-starved by tbeir attendance in another oa*e, whereas the experience of Mr Pickwick's solicitor tended to prove that whf*n their stompchs were full and thei** faculties in full vigror they were apt to take a decidedly one-sided view of the question on which they were called upon to decide. Still, however, I quite agree with the proposition that, some change is needed in the system of balloting for jurymen. But I will say no more, for already I (ancy I perceive symptoms of weariness displayed by those to whom these remarks ;ire addressed, and imaj-iue that I can hear the clicking of watches, so, being only a layman, I will accept the hint. Who-o-o-o-p. The space afc my disposal will not allow of my extending this word over a sufficient number of lines to give a fair idea of the sound that salutes the ears in every direction in this thickly children-populated town, but if my -readers will be good enough to inhale the foregoing monosyllable until they are hlack in the face they will be able to form some sort of notion of. the troubles to whioh youngsters are exposed at the present time. I have heard it stated that this season of the year is about as favorable a one as possible for the whooping eouj>h. From the frequency with which the whoop resounds in our e*irs, and tbe obstinacy with which a child persists in repeating it afc intervals for weeks together, I should say that — for the cough — it certainly is a most favorable season.