The Evening Star. PUBLISHED DAILY AT FOUR P.M. Resurrexi. FRIDAY, OCTOBER 30, 1874.

Thames Star, Volume VI, Issue 1818, 30 October 1874, Page 2

The Evening Star. PUBLISHED DAILY AT FOUR P.M. Resurrexi. FRIDAY, OCTOBER 30, 1874.

The officers and members of the Armed Constabulary Force of the Coiony are a rery respectable,intelligent, and deserving body of men. Prom the varied and important nature of the,duties entrusted to them they always need encouragement and support from the community. At the same time cases sometimes arise which would lead to the belief that there it something not quit* satisfactory in the constitution or rules of the force. The position assumed by its officers in the leistr magisterial courts has a tendency to create a conflict of authority between the Bench and the Officers of Police, and such a state of things must be detrimental to the efficiency of both servic«s,as well as to the interests of the Colony; We had hoped it would have been unnecessary to make further allusion to circumstances which have been for some months before the public. Some comment, however, would appear to be required in reference to proceedings which took place in the Resident Magistrate's Court yesterday, in the case of Thomas or John /Casa, charged with a breach of the " Quartz Crushing Machines Eegulation and Inspection Act, 1872." It will

bo remembered that the man Cass was formerly used by the police as au instrument to secure the conviction of Manning fer a breach of the same Act. At the close of the proceedings the possibly too impulsive expression of opinion by the [Resident Magistrate as to certain action taken by the police in that case called forth articles in the Auckland Evening Star which resulted in the prosecution for libel against the proprietors of that journal. The discharge of the jury without a verdict, and the subsequent apology to thn R.M. in the columns of the Auckland Evening Star are now matters of the past, and need not further be referred to; but we wore certainly not prepared for the new phase of the question which was yesterday developed. The case as against Cass broke down upon a technical point. His offence had been committed at the instigation of the police authorities, and they naturally declined to undertake the prosecution against him. But the further proceedings yesterday were somo- | what extraordinary. It appeared that a letter had been written to the R.M. in his capacity as Warden by Mr. Inspector Bullen, asking whether the prosecution of Cass had been instituted by his direction. This the Warden appears to have resented as an impertinence ; and, bearing in mind all the previous circumstances, it does appear to us that both inclination and duty should rather have prompted Mr. Inspector Bullen to avoid dragging Warden Fraser into any further complications in this matter. There is an evident want of harmony between the R.M. and the principal officer of the police department, which is much to be regretted. At the same time we cannot express much surprise thereat. It cannot be forgotten that the notes of the Resident Magistrate in Manning's case were abstracted from the Court House whilst under the custody of the Clerk of the Court or of the Police. What may have been the motive for the act, and who committed it, we cannot conceive; but we should not wonder if the Resi • dent Magistrate regards the circumstance with some suspicion, and as hay ing a peculiar significance. Referring again to our original remarks, we cannot help thinking that the position of a police officer is somewhat anomalous in our j Courts here. It is one they are not allowed to. occupy at home. Here, it will be seen, that an officer, or any subordinate who may happen to be in attendance at the Court, is permitted—not merely to appear with the members of his force and any other witnesses he may have gathered under his control against a prisoner or defendant, but actually to take the part of counsel for the prosecution in the examination and cross-examination of witnesses. Does such a system exist in any London Police Court ? and such a Court may, perhaps, be taken as the best example of summary jurisdiction of justice that could be cited. We rather think not. Ifc is not a very uncommon thing to read of the sitting magistrate there interfering to prevent undue influence against a defendant on the part of the police officials. And we think properly so. We believe the duty of the police in Police Courts should be simply confined to giving evidence, and not in any other way to influence the administration of justice. Upon this subject a great authority in this Colony says— "Policemen, Constables and others who?e business it is to detect crime, are supposed to be apt to give'a little coloring to their evidence so as to help to conviction; and in the case of the police of very populous districts, where there is a great deal of criminal business, their way of seeing and reporting things probably becomes tiactured by their ordinary avocation. The desire to get credit for the detection, prosecution, or conviction of offenders, is, no doubt, a source of prejudice and zeal which justifies vigilance and a critical consideration of the evidence of such officers." We think the assumption of the duties of counsel in our Police Courts has tended unduly to elevate the influence of Police officials, and to weaken in a corresponding degree the authority of the Magistracy. We know of no legal enactment to justify this, and if there be any Police Regulations bearing upon this subject, the sooner they are abolished the better. We have no sympathy with any class of offenders, but at the same time we see no necessity for pursuing a course here which is specially avoided in the Mother Country.

In the Police Court report yesterday two absurd misprints were permitted to pass. The words "application" and "contact" were printed for " explanation" and " conflict."

One of the Southland paper?, in describing a recent ball at InTercargill, introduces into its report the ''time-honored custom" of denominating the belle of the room; and with a flourish of capitals, the reporter awards the honor to " graceful Mi»j S " As a solatium to the feelings of the other ladies, he tells them that no " town in the Colony can compete with lavercargill in the number of its handsome women, and, I will add at the risk ef being irrelevant, fine children."

The Town Clerk notified, at the Council meeting last night, that Mr. E. H, Power had been communicated with in regard to his stating that diphtheria existed in the district, and that no reply had boon received.

Ik the R. M. Court this morning a case was heard—Ehrenfried Bros, against Mary Hogan, for recovery of £10 7s —in which defendant pleaded coverture, her husband being alivfl in Australia. Plaintiff wos nonsuited without coefcs. Wo learn that another case of a more serious kind is likely to arise oat of this, in which tho position of the parties as plaintiff and defendant remain the same. .

Majoe Eopata, who visited Australia with the Defence Minister, has been describing to his countrymen, through Te Waka Maori, what he saw and heard in tho various colonial capitals. 'lia last contribution i» from Melbourne, where ho visited all tho pubio institutions. One day ho went to the Exhibition of Arts, and says of it:—"ln this building there are come shocking things — images. Beally tho pakehas are a most extraordinary people. They H»r« shocked if a button fall from a man's shirt collar, and exclaim—' Mind ; mind the button of your shirt. Ifc has fallen off. The ladies -will ccc your throat.' . ADd yet they manufacture naked images of stono, and exhibit them to travellers. Who can comprehend tho mystery of their ways ?'.'

The high standard of medical education in England is well known. JJacent statistics aoem to show that the physicians have learned to apply their knowledge to their own lives with telling effect. The united ages of 29 physicians who died there,last -year amounted to 2354 years, giving an average of more than' 84 years to each. Tho youngest of tbe number was 80, the oldest 93 j two others were 92 and 89 respectively; throe were 87, and four were 86 each ; and there were alsi> more than 50 who averaged from 74 to 75 years. From these figures it would appear that the doctors, unlike nianyof their clerical brethren are practising what they preach, and that too, with admirabls results to themselves. When medical science gives good health and long life, we can all appreciate its value.

Ik a late address to tho Grand Jury iv Ckristohurch, Mr. Justice Greaßon, referring to the Justices of tho Peace Amendment Act passed last session, said that the Act extended the summary jurisdiction heretofore enjcyerl by Justice* in matters of larceny to cases of fraudulent conversion in bailees, of embezzlement, and of property obtained under false pretences. .It would be noccssary, therefore, for t:ie future, that Justice of the Peace should understand the distinctions between larceny, fraudulent conversion by a bailee, embezzlement, and obtaining property under false pretences j some of which distinctions are not always easy of application, even when clearly fixed in the mind. His Honor expressed an opinion that Justices of the Peace in future, will be unablfl to discharge their duties satisfactorily uulees they have carefully Btudied together with the New Zealand Justice oftlie Peace, Artfiibold's Criminal Pleadings, ov some such toxfc book.