A Judge of the Supreme Court on the Riots.

Thames Star, Volume XI, Issue 3442, 6 January 1880, Page 2

A Judge of the Supreme Court on the Riots.

Judge Johnston, in his address to tbe Grand Jury at Christchurch yesterday, said in reference to the riots :—

It is not a very satisfactory thing that at this time of day in a British Colony, there should be traces of the old feuds and dissentions which in old times in the Mother Country in the British dominions hare created so. much anxiety. One might hare well hoped that in a community like this, where one may safely say there is a large amount of personal, civil and religious liberty, and where popular prosperity is as extensive as in any part of the world, at any stage of its existence, no persons would hare been so misguided and ill-advised as to disturb the peace under the excitement of evil passions. What one says in this place is so liable to be misunderstood that I think I shall best discharge my duty by saying a little more. I only trust that the good sense of the people, when they have recovered from the shock just given to them, will so demonstrate the absolute inutility and folly of a small body of men attempting to'act contrary to law by asserting their.views and gratifying their passions at the expense of the community, as to prevent the necessity for laws being made of a coercive character. If, however, the peace of the community .cannot be otherwise preserved, such laws must be passed. In the present case it is gratifying to know that the coreligionists of the accused have not only expressed no sympathy with tnem, but have repudiated their action. The law permits persons to join together' fo|; purposes not illegal, 'there is no restriction against their going through the public streets with any demonstration they think fit, so long as they do not disturb the peace. I understand the oases to be of this kind. It is usual for various Benefit Societies to have meetings of a social and friendly character, for what is commonly . called Boxing Day. Among those societies there is one which chooses to call itself by a name which suggests a political and religious difference. They are per* fectly justified in doing so. The Orange Societies are, I understand, benefit sooie* ties.- They raise the Orange- colors for reasons you all know, but which should be only discoverable from the pages of history, for the cause which led to their being admitted have long ago disappeared. They are all, however, quite within the law in raising their colours and emblems, and in going through the streets in procession, so long as they do it without provoking a disturbance or breach of the ! peace. If they are interfered with in , i the exercise of this right we may well protect them. The indictment will be for riotous assault, and for, unlawfully assembling. I do not knor whether there will be a count for assault with intent to do grievous bodily harm, though there is good ground tor it. It is perfectly competent for th% prosecution to refrains from presenting an indictment for felony, and they may be satisfied with an indictment for misdemeanor.—His Honor then referred to similar cases at another place, where the Eiot Act, had been read, which materially altered the nature of the offence. In this case the charge was only one of riot, which the law defines as a tumultuous disturbance of the peace, by three persons at least, assembled together of their own authority with intent to assist one another against any one who shall oppose them in the execution of some private enterprise, and afterwards actually exempting the> same to the terror of the people. His Honour showed how the acts alleged to have been committed tallied with the letter of the law, and concluded by stating that if the action was for a common purpose the action was the action of all.