THE THIRD DEGREE.

Taranaki Daily News, Volume LV, Issue 172, 7 December 1912, Page 4

THE THIRD DEGREE.

SEVERE COMMENTS BY JUDGE. Auckland, December' 4. Some comments on the duties of police constables were made by' Mr. Justice Edwards during the hearing of a case at the Supreme Court to-day. One of the witnesses, a police constable, produced a notebook "to refresh his memory," and stated what the. prisoner had said when examined by witness at the police station. The constable's evidence revealed the fact that prisoner had been subjected to a severe cross-examination at the station. After witness had concluded his evidence, the Judge said that, though the constable had doubtless meant well, he would be wise to take the advice given to constables by his (the speaker's) illustrious predecessor, Judge Richmond, who, in a similar case, had laid down a maxim that the duty of a police stable in charge of a prisoner was "to keep his ears open, his eyes open, and Ms mouth shut."

At the conclusion of the case, his Honor, in summing up. stated that he took strong exception to the way in •which the prosecution had strained for a conviction. The manner in which accused had been examined prior to his trial wis not allowed under the laws of any civilised country. It was true that in France and in Scotland a prisoner was examined before his trial, but he was examined by competent judges, and not by police constables. The Judge reviewed the constable's evidence, and said that there was no doubt in his mind that the examination had been "a sort of trap" for accused. It was very improper according to English notions to adopt such practices. If an examination were to be made it should be made by a responsible person, and not by a young constable burning with zeal and ambition to gain his stripes. He expressed the hope that there would be no recurrence of such practices as long as he was on the bench.