A DISSATISFIED JUDGE.

Temuka Leader, Issue 1398, 29 September 1885, Page 3

A DISSATISFIED JUDGE.

Some time ago Judge Ward, at Invercargill, ordered the prosecution of a deferred payment settler, named Daniel Henry, for fraudulent bankruptcy, he having failed to give a satisfactory explanation of what he had done with a cheque for £BO in his possession two weeks before. The accused was brought up at tne R.M, Court and discharged, on the grounds that the statement made by him before the Assignee as to the cheque could not be used against him in the criminal charge. The Magistrate also hold that there was no evidence to prove the accused was the man who cashed the cheque. At the next sitting of the District Court, Judge Ward passed some strictures on the action of the Magistrate, who, he remarked, held peculiar views on bankruptcy law. The Magistrate (Mr McCulloch) replied to the Judge, stating the facts of the case, and characterising the remarks of the Judge as uncalled for, unwarranted and offensive. At Saturday’s sitting of the District Court, the Judge, in answer to tbs Assignee, said Henry would be ordered to appear for examination, and, if he did not attend, the case must be struck out. The Judge referred at length to the nature of the evidence, and concluded as follows ; —“ I regret ihe Resident Magistrate should have developed such peculiar views of law for my own sake. Hitherto I have directed prosecutions to be commenced in that Court, not deeming it advisable that the same Judge should act as committing Magistrate and preside at the trial; but in future 1 must undertake the preliminary enquiry myself, in order to prevent a total failure of justice.”