A QUESTION OF COSTS.

NZ Truth, Issue 133, 17 August 1907, Page 4

A QUESTION OF COSTS.

_ 0 On innumerable occasions this paper has animadverted on a glaring anomaly m the Wellington Police Court, where counsel for the Crown m the most trivial cases was awarded £3 3s, sometimes more, costs against defendants, whose position and circumstances m life hardly merited what certainly seemed very harsh treatment. Wherever the Crown succeeded, whether a defendant was found guilty or pleaded his guilt, and where the Crown was represented by counsel, it almost invariably followed that that defendant was mulcted m costs. When, however, the Crown failed to establish a case, where it was worsted, whenever its case was as rotten as a mildewed reed, the defendant had to whistle for his costs ; because, to quote the Magistrate, to penalise ilio Crown was contrary to till precedent ; though, strange to relate, on one almost historic occas-

ion, when the Crown had a big budget ' of 'briefs to distribute among ,the needy, and got convictions and costs m most of them, Magistrate Dr. McArthur saw, the unfairness of the position, and granted half the usual costs awarded to the Crown, to several of the successful defendants. Now, m a small way, though not exactly a scandal, this matter of making fish of one and flesh of another is distinctly and decidedly unfair and not quite m keeping with the blind nature of the beautiful creature whom' we see pictured heavily draped across the eyes arffi holding the scales of Justice evenly balanced. Though protest after protest was made without the least show of getting satisfaction and justice, Lawyer WiJford very properly mentioned the. matter m Parliament the other evening, the mentioning of which matter, of course, seeing that it effected the worker principally, was not considered worthy of space m the columns of the daily sup-press. Mr Wilford wanted to know the why and the wherefore of the glaring anomaly from the Minister responsibe, and though it is hard to even believe, the Minister responsible had the hardihood to deny that such was the case. "Truth" hardly knows what to say. of this Ministerial denial, and the kindest thing that can be said is that the Minister must be very ill-informed by those whose duty it is to supply him with such information. However, the Minister eventually became convinced that there was something m the axe that the member for Hutt was grinding, and the hoary promise was accordingly made to look into it and see if it could be remedied; and ■ if things could not be more fairly meted out when it came to the question of costs. Lawyers love costs. They love the Law, but their love for costs is greater than the monkey's fondness for nuts. Anyhow, it came out that m other parts 'of New the Crown was not treated so liberally, and that defendants got a_ fair deal ntore frequently than they do m Wellington. This is a matter "TruWi" gives space to with pleasure. There always seems a tendency on the part of Magistrates to smile benignly on the counsel for , the Crown, and the defendant pays for that same smile. Anyhow, if the Minister is as good as his word, the smile won't be so expensive m future.