The Waikato Times AND THAMES VALLEY GAZETTE. SATURDAY, OCT. 8, 1893.

Waikato Times, Volume XXXIX, Issue 3166, 8 October 1892, Page 2

The Waikato Times AND THAMES VALLEY GAZETTE.

SATURDAY, OCT. 8, 1893.

tqTil ~:ul cxa.:t justieo to all men, ' l " pCriU:lS ' On ' re, S IOUS or

It is tlm undoubted right of every citizen to petition Parliainorit, mid it is as distinctly tlie duty of Parliament to carefully consider every petition receivi-d. The practice in New Zetland, as with most Parliaments, is to leave the consideration ni petitions to one or other of the committees set up for that purpose. Tin) result of their deii'ufi'ations is a report to the House on each case considered, and the recommendations contained therein is usually acted upon, unless the House, after di'liate, par-scs an adverse vote. The committee is, of course, supposed to ijive careful consideration to the f.iets siibiiikttid to them, and, when they deem it necessary, to call witnesses who may bo able to valuable infonimtitm. The committee, to whom has fallen the lot of considering the petition of Mrs i'.'heinis on b-half of her husband have established the dangerous prir. uipla of re-hearing a criminal case

m an irreyuliir iniil ncjcij.s.sunly [)erfuiictory iiiaiHicr. it is true chat then; is no iijijcul to a higher uuurt from tin; verdict of a jury in criminal casus, unless a point of law is involved, or on the grounds that tin; jndye tiii.stlii-octc'il thejiiry. '.l'lie preruyiitivu of mercy, however, rests m the (lovcrnor—a power whifh in practice he only exercises on tlie recommendation of his advisers. The right of appeal !>y petition to Parliament is therefore the only uieaiis of compelling the consideration of a verdict. In a case ipf a conviction for murder, unless the House happened to he sitting, the convict would be hanged unless the Governor, on the recommendation of his Ministers, intervened. This being so, the convicted murderer is in a worse position than any man found guilty of a less olFeiico against society, as regards the compulsory re-opening of his case. As we pointed out above, the committee of tho House has the power to call witnesses in support of or in opposition to a petition, and in many eases, where the correctness of a verdict of the Supreme Court is not concerned, the exercise of that power may be the only means to arrive at a just conclusion. The fact, however, that the whole of the evidence taken in court is in existence, it appears to us that for a committee to call witnesses who have been examined and cross-examined by counsel is to take upon themselves a responsibility which is not justified by their previous training, and is calculated to lead to serious complications, and a recommendation to the House quite unjustified by facts. After all the duty of a committee can only culminate in this and nothing more. We give the members of the committee full credit for a desire to do their duty towards a man whose life imprisonment depends in a degree on the conclusion they may arrive at. We believß, ho\vever,that the interviewing of the prisoner was an error in judgment, and it is to be hoped that when the report is submitted that the House will condemn their action and recommend that in future committees called upon to deal with appeals by the friends of convicts will confine themselves to the consideration of the evidence produced in Court and such fresh depositions bearing upon the cause as the friends of the convict may think it desirable to present. In addition they might apply to the judge who tried the ease forany remarks that he might deem it in the cause of justice to offer. It is an assumption without foundation to suppose that a committee of lay members of the House are likely to arrive at a more correct decision than a jury after hearing all the evidence, the addresses of Counsel for the Crown and defence and the summing up of the Judge. It appears to us that in the absence of fresh evidence being offered, that the proper course for a committee to pursue, in the case of a petition by a convict is to report that they have nj recommendation to make. It is to be presumed in every doubtful case that it has received the etircful consideration of Ministers.