The Fern Case.

Wairarapa Daily Times, Volume XV, Issue 4349, 20 February 1893, Page 3

The Fern Case.

[TiieEditoii, Wairarapa Dam Times.] Bir,—l note by your leader in a recont issue, that you considered I was unjustified in passing censure on the Bench in theme Bunny v. Terty, on account of tlio severity of their ver diet. You ngroo with mo that tho fine might have been more moderate, and 1 would like to mako you and the public awaro of another circumstance that not only induced but justified my censure so fur, nt any rate, as one Justico was concerned. Before doing so, I ui\v premiso that it is a landing rule in Courts of Law in England and her colonies, never to allow any evidence to be recorded against tin accused to the detriment of his eharnetor until he is convicted,' when ovidonco of previous convictions or previous bad character may bo given. Tho Justico in question inverted this rule, and put the cart before tho horse by going to tho police before the case was called on nnd making inquiries as lo tho accused, ascertaining somo mutter which evidently weighed n good deal against the accused in his trial, and of which tho Justice evidently informed you afterwards, as you alluded to it in your article, This is p. curious mode of proceeding, and I desire it to he known to prevent any such erratic operations in future. I may be allowed to conclude that the amiable intentions of the Bench are nipped in the bud by the fact that they inflicted a fine which they had no power to inflict, and to enforce which they will incur counter proceeding* which will probably administer a salutary lesson to all J.P.'s who act upon tho inverted piinciple which I have illustrated, that "Every man is guilty until he is found innocent," or to to use a more common phrase, that" Any dog with a bid name had better be hanged," Yours, etc., C, A. Powmall. [We made an independent inquiry as to the previous character of tho accused.—Ed. W.M.I