THE SIMS PROSECUTION.

South Canterbury Times, Issue 2191, 27 March 1880, Page 2

THE SIMS PROSECUTION.

[Dunedin Herald, March 2G.J

The recent trial of Sims at Timaru resulted somewhat unsatisfactorily. The olfcncc with which he was charged —namely attempting to defraud the National Bank —was a serious one. In every ease of larceny the gravamen of the offence is in the intent to defraud, and failing proof of this to the satisfaction of the jury', the prisoner is entitled to an acquittal. In a very large number of instances in which creditors arc wronged by designing debtors, great difficulty is no doubt experienced in deciding whether the civil remedy' should be adopted, or whether a criminal prosecution ought to be commenced. An irate and impulsive creditor is apt to sanction the latter course, but where both parties have stood at arm’s length in the ordinary' business relations of seller and buyer, and the former has been too confiding, a jury' are are inclined to look with disfavor on any attempt on his part to correct his mistake by high-handed criminal proceedings. We write of course generally, but there is little doubt (hat the jury in Sims’ case were influenced very much by considerations such as we have indicated. They' were prepared to find him guilty of everything short of the offence with which he stood charged, but they were unwilling to declare that he had intended to defraud. Under such circumstances, the ordinary course would have been to direct an acquittal of the prisoner. This would have mot the plain justice of the case as disclosed by the evidence presented to the jury. However, the presiding Judge who has shown an indiscreet zeal at times to vindicate the law against bankrupts —seemed to entertain an opinion which disagreed with that of the jury. Judge Ward’s duty on a question of fact was to defer to the expressed judgment of the juiy ; but instead of doing so, he apparently pressed on them his own desire for a conviction, and ultimately, after some unseemly haggling, they appeared to have given way'. AVc do not wish to be understood as at all suggesting that the learned Judge did not honestly and sincerely hold the opinion which he indirectly expressed, but there is little doubt that had he refrained from interfering with the functions of the jury and accepted their first decision, Sims would not have been condemned. Finding, after a little reflection, that he had made a mistake, ho passed a comparatively light sentence, the mildness of which is altogether inconsistent with the gi’avity of the crime of which Sims was found guilty. We have no sympathy with fraud of any kind, and wo should be very glad indeed to sec dishonest commercial dealings stamped out, but it is all-important that when the law as a means of punishment is resorted to, those who administer it should keep within its bounds. Wo learn that a petition has been or is likely to be presented to His Excellency’s advisers, praynug for Sims’ release. This is what might have been anticipated, as when a miscarriage of justice takes place, especially' in a case in which the accused is the sufferer, the public will not calmly' submit to it. What the result of the petition should be, wo need not venture to suggest ; but whether Sims benefits by it or not, we entertain little doubt that in future greater prudence and forbearance will be manifested by District Court Judges.