“THE LAW IS A HASS”

Sun (Auckland), Volume 1, Issue 67, 10 June 1927, Page 9

“THE LAW IS A HASS”

DEPLORABLE TREATMENT MAN SENTENCED TO GAOL SECOND MAGISTRATE POWERLESS (Special to THE SUN.) GISBORNE, Thursday. “JT is deplorable that this man should be treated in the way he has been, but unfortunately the court has no power to interfere,” said Mr. E. C. Levvey, S.M., in dismissing the application of Frederick Brougham Whitmore Bousfield for release from a sentence of a month's imprisonment, imposed by a North Auckland magistrate, for failure to comply with an order for the maintenance of his wife. Mr. Brosnahan, a'ho appeared for Bousfield, said he was merely asking for what the meanest British subject was entitled to—not to he convicted unheard. In March last Bousfleld was imprisoned under an order, but, claiming that he had been wrongfully imprisoned, he appealed to the Gisborne magistrate, showing that the money had been paid, and he was forthwith released. Following this, his wife’s solicitor published a statement that the committal was a mistake, but counsel maintained it was done deliberately. Release was immediately followed by the issue of another summons said counsel, but Bousfield,. being unable to travel to North Auckland, applied for a variation of the order so that he might be heard. In view of this application, an adjournment of the other summons was asked for, but much to their surprise this was refused, and Bousfield was sentenced to a further month's imprisonment, without any option. Meantime, Bousfield had secured employment, and out of £3O earnings, paid £23 into court, this representing the current maintenance, and SOs a week off the arrears, which were only £GO. Bousfield, said counsel was honestly endeavouring to do everything possible, but a determined effort was being made to persecute him, and he was being driven to distraction. The magistrate dismissed the application, on the ground that the Act gave him no power to review the sentence of another magistrate.