4
I.—2a.
56. For the great error you committed, have you taken any steps to try and remedy it, to make restitution to the boy for the grievous wrong you did to him in error? —I have taken no steps to remedy it. It was only an error of judgment. 57. Do you think that you or somebody else ought to take steps to remedy it ? —Any Justice of the Peace may make an error of judgment. Mr. Burns committed an error in signing papers when he was not a Justice of the Peace at all; and, I understand, had to get an Act of Parliament to put it right. 58. In error you have done this boy a grievous wrong, and I believe you would find it out if you were a month in prison. You have been informed by the Government that it is so ; what steps did you take to endeavour to remedy it ?—I do not know what steps I could have taken. I am certainly very sorry that there should have been any error, and no one could be more sorry, or no one would more readily try to rectify an error, if possible. 59. Do you think this House ought to have some steps taken to put this matter right, if the Magistrates cannot be compelled to doit themselves? How would you like a month's stone-cracking? —I do not suppose I should like it. Would you like it ? 60. Do you think there ought to be a remedy for a wrong of that sort, granted that it was done in error? —If the Justices had done tTie slightest wrong thing wilfully, then let them be punished. 61. Justices are going and committing enormous wrongs ignorantly or stupidly, and are the people to put up with it? You sent this boy to prison illegally, unrighteously. What ought you to do to put this thing right ? —I cannot put it right. This thing was done. 62. Supposing you gave him £200 or so ?—Money does not always put things right. 63. Did you see Mrs. McManus, and apologize ? —I saw her, and told her I was .sorry for her and the boy, and if the Justices acted illegally I would try and get him out. 64. Mr. Tole] You gave a reason for the unequal punishment inflicted on the two boys. Have you any idea as to what was the adjudication of the Court about that on the previous occasion ? —I have not. 65. The case might have been dismissed before ?—I do not know the details of it just now. I was very sorry for the case ; no doubt of that. 66. Then you do not really know why one boy got a month and the other twenty-four hours ? —■ The one boy had been there before. 07. You do not know whether that case was dismissed ?—The thing was clear at the time. It cannot be expected that I should recollect all details about it. 6S. Mr. Shrimshi."] Is Captain Daldy Resident Magistrate, or Justice of the Peace like yourself ?— A Justice of the Peace. Mr. Burns : I wish to state that Mr. O'Neill is in error in what he stated about me. I signed documents, but there was no Act of Parliament to put it right. 69. Mrs. McManus.] Why was there no defence taken for the apprentices when the master was defended by counsel ? —1 do not know. 70. Why did one boy get the unequal sentence of twenty-four hours', and the other one month's hard labour for the same offence ? —Because the one boy had never been brought up before. 71. When I told you that your sentence was illegal, and that I would accept the immediate release of the boy as reparation for the wrong you had done him, and that you promised to do all in your power at once, why did I hear no more about it; and why was he allowed to associate for a month with felons, when you had no power to send him there, but did so in. open violation of the law ?—After you spoke to me, I have no doubt I made inquiry, and found that we could not move in the matter. I saw Roth, and did all I could to get the indenture cancelled. 72. The Chairman (to Mrs. McManus).] You applied to Mr. O'Neill? —Yes. 73. And you want to know what steps he took to get the boy released ? —Yes. Mr. O'Neill: I think we advised a petition to be got up. 74. Mrs. McManus.'] Why was a policeman allowed to arrest him, without being able to help himself, not being permitted to speak for himself? —That was not the case. 75. The Chairman.'] Then you did issue the warrant ? —I only saw the boy when he came into Court. I knew nothing about the case until I sat on the Bench. 76. Why was the policeman allowed to arrest the boy without a warrant ? Why was he brought up there without being able to help himself or being permitted to speak for himself?—I have answered that already. 77. Do you know whether a warrant was ever issued ?—No ; I merely sat on the Bench. 78. Did it appear he was apprehended by warrant ?• —I do not recollect that the question was raised at all. 79. You took it for granted that there had been a warrant ?—Yes ; I merely sat on the Bench as a judge. I had nothing to do witli the preliminaries. 80. Did you ever hear that the conviction was not recorded, and that when search was made the record of the conviction was found in Captain Daldy's possession ? —No ; I have not heard that before. 81. Mr. Dignan (to Mrs. McMauus).] Do you mean to say that the committal was not recorded —that is, in the Court ? —No ; Mr. Macdonald told me when he wanted it he could not get the record of the committal. Captain Daldy had it in his possession. 82. Mrs. McManus (to Mr. O'Neill).] Are you aware that Mr. Isaacs, one of the Magistrates, accounted for the disparity in the sentences by saying he had had a conversation with the boy's master before the commencement of the case in which he (the master) said the boy was an exceedingly bad boy ?—No. Mr. W. L. Eees, M.H.E., examined. 83. The Chairman.] In the matter of this petition there were some statements made by the np+.if.innpT vpsfprrlmr wi^Vi TPnnppf ■fr> Trniivsplf Ynn linrn vpo/l -flj/i oi,-i^onr*p nnd T Ti^H^t-** *tt/mi1^ lilr^
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