West Coast Times. SATURDAY, JULY 14, 1866.

West Coast Times, Issue 253, 14 July 1866, Page 2

West Coast Times. SATURDAY, JULY 14, 1866.

The presence of Mr George Elliott Barton amongst us, naturally recalls attention to the remarkable series of criniinal prosecutions of which that gentleman has been the object, and thS latest of which was reported in the Despatch of last evening from the " Otago Daily Times" of the 6th inst. Some time ago, when the first of these charges was preferred against a gentleman who was recognised as the leader of the Otago bar, we took occasion to comment on the circumstances, less with reference to their personal bearings, than as directly affecting the question of the arrangements under which the profession of the law is at present practised in New Zealand. It appeared to us that the whole of the proceedings abundantly illustrated the great inconveniences arising from what is called the "amalgamation" of the two branches of the profession, which establishes the most anomalous personal relations between, the counsel and his client. This is, however, an evil which will doubtless correct itself in time. The power of correction is in the hands of the local judicial authorities ; and we trust that the time will very soon be found to have come, when the social development of the colony will allow the solicitor to take his lc^itimate place, as in the old country, between the client and the advocate.

There is another consideration, however, suggested by the series of prose-

cutions to which we have alluded, thiit is not undeserving of "rme comuient on public groundß, as materially affecting the interests and liberties of the whole community. We have witnessed in Otago the most unseemly spectacle of a succession of prosecutions, pertinaciously carried on for months against a gentleman who has for many years pursued, both in Victoria and New Zealand, an honorable professional career, and whose character has been not only above stain, but above suspicion of stain. Each successive charge has been initiated upon the failure of its predecessor, whilst the basis of each has been purely the same, involving only one set of circumstances. That, after the dismissal of a first and second information;" a third should have been preferred and entertained, until the Bench dismissed it, with the assertion that the proceedings against this gentleman were persecution, not prosecution, implies a very serious defect in our criminal law. There appears to be ifo adequate redress for a malicious prosecution. A mau even of the highest character and standing may be dragged time after time before a magisterial bench, on even the most baseless charge ; and although of course the accusation falls to the ground, still it stands recorded against him that he has been called upon to make his defence against a criminal accusation. We use the opportunity of referring to Mr Barton's case, as one simply illustrative of a grave anomaly in the arrangements under which the administration of justice is effected. Fortunately for him, he was in a position to escape unscathed from the fire that was directed against him. But it is unquestionably a defect in our jurisprudence, that any man is open to be assailed by irresponsible and malicious calumniators. In our opinion, the law ought to make the repeated preferment of a groundless criminal charge a criminal offence in itself, and one severely punishable. Such is not the law at present. An action for malicious prosecution may be brought ; but it is a mere farce to bring such an action ag a man not worth powder and shot. Criminal proceedings can only be instituted where there is a ' o conspiracy" to charge an innocent man with an indictable offence. To sustain that charge, however, the concurrence of two or more persons in the plot must be proved. At present, Mr Barton appears to be without his remedy. He has been the object of "persecution, not prosecution." As he is here on a professional visit, and as we have always made it a point to accord a courteous reception to visitors, we make these passing allusions to Mr Barton's case. It is, however, one, the great public interests involved in which are far paramount to all personal considerations ; and to these general aspects of the question we may have occasion again to refer.

His Honor Mr Justice Gresson again sat in Chambers yesterday. v We remind the Memorial Committee that their meeting is fixed for, this evening at eight o'clock, at the Cafe de Paris. We- understand that some further, arrests were made yesterday, of parties suspected of complicity in the stealing of arms from the Police Camp, and the other and more serious crimes which have followed. There was a very full 'house last night at the Prince of Wales Opera House, on the occasion of the complimentary benefit given to Mr Bartlett. To-night is announced as the close of the present dramatic season. The programme of last night will be repeated. A mounted constable, who arrived in town last evening, reported that he had been told by an innkeeper at the Arahura, that the body of a man had been seen washed up by the surf on the beach, but that the efforts made to recover it were fruitless, the waters carrying it back again to the sea. It apparently drifted to the north.

We visited Messrs. Findlay and Haworth's saw-mills, yesterday, and were very much surprised at their extent, and the great improvements thesccuterprising gentlemen have made in so short a time, against the many difficulties incidental to a new and rapidly formed town, ship; and, in order to shew our distant readers what can be effected with energy and determination, we subjoin a short sketch of the works. The mills are situated about half-a* mile up and facing the river, and are supplied with timber by means of a tramway extending a mile inland : there are two large circula saws, and a machine,, for planing, and tongui ing and grooving, worked by a steam engine which, can be raised to 35 horse power ; water is ingeniously obtained by a shaft sunk close to the boiler — percolating through the sand from the river, and ebbing and flowing with the tide. Wo were shown some splendid logs of red and white pine of great girth, perfectly sound and straight, with timber of every description required for building purposes, and while listening to tho thumping of the engine and the busy hum of the saws, the mill was continually pouring out rapid streams of quartering, lining, flooring, weatherboards, battens, &c.,~~&c., -to the extent of 15,000 superficial feet every 8 hours. Several castings, of delicate construction, in connection with the engine have been made on" the premises ; and it is the determination of the proprietors

shortly to establish a foundry in connection with Ihe mills. We are sorry to see so much kauri pine imported here, which, thougji a trifle cheaper, haß not anything liko the enduring qualities of our local wood ; the former having a peculiarity unknown in any othor description of timber, of shrinking on end. Our white piuo is easily worked, and excellently adapted for flooring and weatherboards, and light household furniture ; whilst tho red, sufficiently charged with resin to stay the shrinking peculiar to foreign woods, is susceptible of a splendid polish, and beautifully marked, is most suited for lining and finishing. For cabinet-work it is superior even to rosowood, many specimens, some beautiful ones in the possession of Mr Harris, late Superintendent of Otago, were manufactured from this wood by Mr Findlay, while in Dunodin ; and wo hope soon to see our residences similarly furnished. There are 34 men constantly employed, whoso wages amount to Ll7O weekly, and we have therefore an additiona 1 reason for wishing these enterprising gentlemen every succsss, and trust the public will appreciate their labors and support local industry. We observe by advertisement that that the price of every description of timber has been materially reduced, owing to additional mnchinery and late improvements.

We notice that the Eev. J. Grow, of Lyttelton, will officiate in connection with the Presbyterian Church, at the Fire Brigade Buildings to-morrow at half-past eleven and half-past six o'clock, and that he will also conduct divine service at the Kanieri at half-past two o'clock in the afternoon. At the Supreme Court House to-morrow, the Eight Eev. Bishop of Christchurcli will preach morning and evening ; the morning service being followed by the administration of the Sacrament of the Lord's Supper.