OATHS IN THE RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 208, 19 May 1866, Page 2

OATHS IN THE RESIDENT MAGISTRATE'S COURT.

(to the editor of the west coast times.) Sib, — Doponding upon tbo fearloss and impartial manner in which you invariably opon tho columns of your journal to tho expression of public grievances, I roßpootfully request you to give a placo in tho paper to the following statement of & scene which took place in tho Rosidont Magistrate's Court, on Thursday lastf which, apart from tho manuor in which it personally affects mo, dopicls a state ef matters which, on public grounds, ought immediately to bo corrected. I was called upon to givo evidonco in tho caso of Groonfiold v. Ryloy, and on niy entering tho witness-box tho attending constablo or usher offorcd mo a book, which 1 declined to accopt, and addressing th» Magistrate (Q-. G. Fitzgerald, Esq.), I asked to be sworn in tho Scotch manner. His Worship oppressed a doubt of my right to ask to be sworn in any othor than tho usual way ; but subsequently ho inquired if I know tho form of tho oath, and on my unsworing in the affirmative, he di>'eoted my attention to a copy of tho oath printed in a book which ho handed mo, and told mo to " road it for myself." I answerod, aud said, " It is tho duty of the Magistrate to vend and administer tho oath to tho witness," upon which his Worship told me, " I had no right to diotato to tho Bench," — that he " would commit mo for contempt of court" — that I rofusod to bo sworn in tho usual manner from a desire to obtain notoriety," — that ho " would not swear mo at all," and ordered mo to " loavo tho box." I accordingly loft tho box, and after a panso, his Worship intimated that ho would allow the ushor to administer the oath ; and on my nssonting to this avraugomont, and ro-ontoring tho witness box, ti\9 usher road the form of oath, wWch J,

ropeated, and at tho conclusion, tho ushor held towards mo a closed book, whioh I declined to receivo, at tho samo timo saying that "in tho nocesßity of kissing • that bit of loather," pointing to tho cover of the book, " consisted tho gist of my objection to tho usual form of oath." His worship hero inquired if I considered myself sworn, and I answerod in tho aflirmativo ; Mr South, tho solicitor, said I should not sock to cast a slur upon tho English form of administering an oath, his worship again remarking that I sought " to obtain notorioty." Mr South now aroso and addressed tho Court, objecting to the mannor in whioh the oath had been administered, said, " tho witness roquostcd to bo sworn in tho Scotch mannor, and a most important part of tho ceremony, namely tho holding up of tho right hand both by tho administrator and tho witnoss, has beon omitted." His worship overruled tho objection, on tho ground that the witnoss had admitted that ho considered himsolf sworn. Leaving tho above statement of facts to tell thoir own talo I shall simply romark, in roforonco to tho reiterated but unwarranted imputation of tho magistrate, that, provious to my being sworn, simple charity demanded that my objection should hare bcon accepted as proceeding from conscientious motivos j and, after my boing Bworn, very strong rebutting evidence indood was necessary to destroy my testimony upon oath. Whilst asiuming that ho was justified in bolioving what he assorted, ho could have chosen no more effoctivo method to aid tho accomplishment of the dishonorable ambition than tho measures which ho did adopt j whoreas, had ho simply oboyod tho strict letter of tho law, by unquestioning compliance with myrequeit, ho would most offoctually havo baulked tho success of tho infamous design his imagination alone had called into existence. Yours, &0., James H'Ha??ib. DETENTION IN GAOL FOR DEBT. TO THE EDITOB OF THE WEST COABT TIMES. Sib, — Would you do mo a favor by permitting me tho use of your columns to mako known to tho public tho circumlocution that oxists in Westland in connection with imprisonmont for dobt. In doiug so, I may state that my detaining creditors ceased to pay tho maintenanco money for my dotontion on tho 10th instant, clearly indicating that thoy woro no longer desirous of keoping mo incarcerated. Upon my ascertaining this fact, I immediately applied to Mrßroham for my release (this portion of tho gaol, for the present, boing undor his supervision), a copy of which I herewith enclose, togothor with his x'eply, in which he states that if tho maintenance was not paid before tho end of tho weok I should bo released. Now, at tho oxpiration of tho weok (whioh took place this morning), I again applied for my roloaso, in accordance with Mr Broham's promise and was informed by Sorgeant M'Mynn that 'ho had mado tho neocssary affidavit for my roloose boforo Mr Abbott, tho Registrar or tho Supremo Court, — that that gentleman would havo<to forward it to tho Provincial Secretary, tko Provincial Secretary to the Provincial Solicitor, and tho latter gontloman to mako an application to tho Judge for my discharge, involving, as you aro aware from the movements of tho Canterbury officials, a serious delay, besides putting the country to an oxponse which it has no right to bear. And for my own part, I do think that immediately the dotaining creditor coasos to pay, then should tho authorities put tho law in motion for tho dischargo of tho debtor, and not give a weok's credit boforo thoy take any action, as thoy havo dono in tho present instance I wonder whothor they would givo a miner or a business man crodit for a balanco, I am decidedly inclined to think not. Trusting you will deem this of sufficient importance to givo it a corner in your uoxt issuo, Yours, &0., Samuel Stmms. P.S. — Appended is the note referred to in tho foregoing part of this lettor. (COPT.) Debtor's Coll, Hokitika Gaol, May 14, 1866. Thomas Broham, Esq., Inspector of Polico, Hokitika. Sib — In reply to my communication to you of tho 12th instant, Sorgcant M'Mynn, has informed mo that tho maintenance money for my dotontion has only boon paid up to tho 10th inst. In consequence Jthoroof, I beg respectfully to douiand my reloase from oustody forthwith. Yours, &c, Saml. Symms. (copx.) May 14, 1866. Mr. Symms. If, at tho oxpiration of tho weok, the maintenance is not paid, Mr Symmt will bo reloased from custody. Tho gaolor could not adopt such a course boforo theu. T. BitoHAM, Inspector.