Correspondence.

Colonist, Volume III, Issue 288, 24 July 1860, Page 2

Correspondence.

To the Editor of the Colonist.

Sir—With your leave I will offer "a few comments upon the proceedings and "the.! results of thesitting of the Supreme Court just concluded* ; First, as regards-his Honor's address to' the Grand Jury, he observes that "In young societies the public responsibilities of individuals are far greater than in old ones." Here I think his Ho- .' uor's logic is not strictly correct. In my opinion the individual responsibility is equally imperative in. all communities, but the 'dereliction, of.some is. of more consequence in the m-stthair the last: case. He further observes that there ate often te&iptations in small ones to act upon prejudice ana personal feeling, rather than upon strict., principles which does not exist in large ones.:; Here again I think he is.not altogether correct: human nature in the aggregate is much alike in all communities, only; in the one case the derelict practice is spread. over a larger space than in the other,-and thus es- . capes the more critical notice. Taking, however, ■ his Honor to mean as the context of his subsequent observation would iniply, namely, that there is a greater calLfpr the exercise^ofmoral ~ control over our' individual Selfishness andHJui* propensity to, shrink from our public. duties in the one case, than in * the other, I "perfectly agree with his Honor.- '•...;■"■'■./■';,■• ■;'.;,■■: '; ; ;" ?'.,•;;;:" •'•'• Seeing that in a small community if even a few who from their. conventional standing and impliedpossession of qualifications fitting, them for the due exercise of the duties imposed upon them, and of having.wejght and influence the community they represent, are indifferent to or think from this discharge of those duties. The administration and executive functions of the local government is thrown into the hands of those, whose previous education and habits of life least qualify them for such a task, and under such circumstances it is little better than preaching to the winds,.for even a ; Solomon to descant, upon,- or .to expound abstract principles -,-of. jaw;, or .justice to .thpse who are as little capable of., understanding the nature-and practical application of them to the subjects brought "before them,' as are the seats they sit upon. Consequently,n however desirous the philanthropist may be to see such a state of things, I fear the time •is not yet .-arrived when men, whether in small or large communities, will be found to guard themselves- with critical jealousy from permitting antipathies, or" sympathies, indignities,!or weakness," or tod great, a carefulness about the opinions of others, to affect these judgments, or divert theni from the' strict path of. duty which lies before them. .;, ' It would be a source of unspeakable gratification to every properly directed mind; to feel that the principle so truly denunciated in the first part of his Honor's concluding observations had been acted up. to,' so as to relieve every honest mind from the fears of the inevitable consequences of such a state of things as that which his Honor so justly predicated ; where he states "It is iriy ■ fir in conviction that in proportion as the duties connected with the administration of justice in ' are discharged by all persons and bodies Kiaving responsibilities, respecting it with honesty,,intelligence, courage, and firmness, will the true interest of that coiiamunity be likely to flourish and in proportion as prejudice, favor, weakness, and fear of theopinion of others areallowed to affect the conduct of, such responsible persons, may the more or less speedy degradation, corruption, and subversion of society be looked for. ....■._ Having said thus much I will proceed to notice the two criminal, cases* First, we have the case: of Dillon and Melville, for assault and highway robbery. Tl\e,verdict In which r case" was jan acquittal on the part; of Melville, and 'a' verSiict of guilty as against Dillon. T^Here is a very true, saying— ?' Many men of many, minds, many birds; of many kinds', , but I think, it would puzzle a conjurer to tell how twelve jurymen could have been brought to recommend the latter prisoner, Dillon, to mercy, unless indeed from his not having, gone so far as he certainly might have done, and finished ■his attack by murdering his tipsy-prostrate victim. The next case, was that 'of «f6hh Kei-r, for, stealing six sheep and skins, the property of ,Mr. G. Elliott. It subsequently, appeared that the offence was reduced to the stealing, or, unlawfully appropriating to his own use .one- skin. ■ Whatever iimvlpression the evidence on the trial may have made upon the assembled audience is wholly irrelevant as to the question of the legal guilt or innocence-of' the prisoner, and therefore-is of c .secondary consideration in coming to the- final decision, which, as will be seen m this case t;was>one of Not Guilty.. Here again it may be justly observed that it would be difficult to conceive upon what grounds the jury "arrlyed""at such a conclusion; except from! the somewhat ;scriptural <' precept ■ that ,ra;ther\ ninety-nine unjust men should escape than one innocent man should suffer. However, let the in-; fluence have been what it may, the prisoner) was discharged. V- •■.-■ • • ; ... I recollect, in the case of a trial for murder [?] of a noble lord by his brother peers, one of the noble jury when called upon for his verdict 6aid * Not legally guilty/ upon myliohor r ;' the honor of a peer being equivalent t6 the oath of a commoner ;. whether upon the principle of" 'leaVe oaths and records to the base; 'mongst men of honor their bare word's sufficient,' ;is not. stated. We think that it would, be &j great improvement upon the Englisji criminal law were it" assimilated to the Scotch practice, hy. the intervention of the middle term of "not proven,".whereby, the prisoner is neither convicted nor. Acquitted, hut is .discharged solely upon tlie grounds that the caseJs not strictly made out, and is thus suspended like Mahomet's ■coffin, between the conflicting doubts of innocence or guilt, i Hiereais, however, some approach to the above state ofrthings, in the power a judge has of telling the prisoner at the bar what he thinks of his cbnduct even after his ■acquittal by" a jury. When he .does sohespeak? as a judge, can* speak, "and'as a mail who respects^himself s .rather not be spokon /to. 'Arid happy is it for society' when having ifre power he exercises it manfully; and opportunely. • At last the, prisoner-hears jt}# words '•You are discharged,'; .and^ac^ordinglys walks out of court. ; . lam, &c,