New Zealand Colonist. TUESDAY, APRIL 18, 1843.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 75, 18 April 1843, Page 2

New Zealand Colonist. TUESDAY, APRIL 18, 1843.

At a recent sitting of the Supreme Court, a conversation took place between the Chief Justice and the Crown Prosecutor, in the course of which statements were made of a nature not very creditable to the government. It appeared that no provision had been made to defray the expenses of the witnesses attending to give evidence in criminal cases before the Supreme Court, and that some witnesses, who had attended at the October sittings, some of whom had travelled for a considerable distance, who had procured all the necessary papers to entitle them to claim payment, were still unpaid. The case will be the same with regard to those attending at the present sittings, many of whom have come from Cloudy Bay, and others from Nelson and Taranaki. No arrangement has been made to provide for their expenses, and for some months, at least, consequently they must wait the leisure of the authorities at Auckland.

The cases which peculiarly fall within the province of the Supreme Court are necessarily of the gravest and most important nature. Those which have been, or are to be tried before this Circuit Court, include many charges of burglary, one of arson, and one of murder. They are precisely those crimes which most effect the security of person and property ; and they are therefore those in which, more than in any other, the protection of the law is needed. We need not, however, point out to our readers to what an extent the community may be deprived of this protection, when it is understood that all persons are to defray the expenses of their journey to Wellington, however remote the distance, without any, or at least with but a faint and slender prospect of repayment. In the case of the trial of Cook, upon a charge of murder, we understand, that in consequence of the uncertainty as to payment, the Native witnesses could not procure a passage to this port, and thus the opportunity of a fair trial of the accused was nearly lost.

Without going to the full extent of the opinion pronounced by one of the ardent admirers of trial by Jury, that the whole machinery, from the highest to the lowest, was of use only

to bring twelve men into a box, we do still feel that the administration of justice, in .matters which so deeply affect the well-being of society, is the most important of all the duties which a government owes to its subjects. It is for this purpose, more than for any other, that the restraints upon personal freedom, and the heavy pecuniary burthens which the existence of a government implies, are borne with patience. We could dispense, without any very painful sacrifice, with almost every other function of Government ; but, unless the repression of crime be provided for by those means which have been devised for the detection, the trial, and the punishment of the criminal, we lose that advantage which we have most of all a right to expect; and the very existence of government may thus become a grievance instead of a benefit.

We do not, of course, attribute this omission to any other cause than carelessness. It is accidental, not designed. In such a case, however, carelessness is in no small degree culpable, and we cannot therefore acquit the Government of a serious failure in their duty to this Settlement. We have no doubt but that strong representations on the subject will be made by the Chief Justice on his arrival at the seat of Government ; and we therefore trust that this omission will be remedied before the next sitting of the Supreme Court here.

The arrival of the Catherine Johnstone, on Saturday evening last, with wheat, oats, and barley, from Mr. Bell of Wanganui, we announce with much pleasure; and although the quantity is not very large, it is a circumstance of much congratulation, as it is the first importation coastwise from one of the Company’s settlements; a place which, we are sorry to say, has been shamefully neglected. What a large supply might we now have had in the market, had all the settlers belonging to this district got possession of their lands! o A small supply of wheat was last week received from the Ilutt, which we hope soon to see followed by larger arrivals, as the quantity grown there will be about 350 quarters, which has been harvested in fine condition. K 0 Mr. Houghton was the purchaser of the schooner Black Warrior , fifteen tons, at Mr. Wade’s sale, last week, for fifty,-two pounds. In addition to her being used as a coaster, she is well adapted to bring the produce over from the Hutt, as her light draft of water will enable her to pass the bar at the entrance of the lliver.