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I
Ilia Address to a Mo ntreal Grand Jury-The Offence Described-¢ompounders
1 llorally Worse Than Other
enders BecauSe of
1'l\elrSoclal and Financial Position
Judge Wurte1e’s charge to the grand
jury was a very inteiest ng one After in- gtmeting them in their duties he said
I The principal object of criminal
prosecutions is to promote the security aallhappiness of the people in general and not to obtain mere private redress, audit is for this reason that the Queen, whoreprnsents the whole community is tile prosecutor for every public offence and that the duty of administering the mul law, of prosecuting offenders in hor name. and of supplying the neces tary moneys, has been imposed upon the the Queen s Government. in the various Provinces of the Dominion For the samareason the Queen alone, acting through the Governor General, has the rQtand the power to condone crimi
But in order to put the machinery of thocrrmiaal law m motit n, it is neces lrywhen a crime has been commived tiati should be brought to the know l@of the functionaries primarily en fitted with the enforcement of the law Thcimtiatlon of the proceedmfrto bring aaoiender to justice therefore neces- lllily nests with private individuals, Wil the Derson who is injured or affect re--_I _
E’
bloodismadepureand the
qdzem kept clear of impurities by tliedailyuseof
Abbey s Effervescent Sa t,
In English preparation Sold by all dmgglsts at 6o cents a large bottle. Trial size 25 cents.
f
lil*-Slstltiélé#-X@I€¥§I&%
Just now, might cost you
more than a pair of good Rub
Wet feet means a cold
We sell rubbers, “ he r
feet kind Get a. pair and sive doctoi s bills
Men s, 60 T5 80 Soc I R A
till Bros new
-~en-ra
ed bythe crime which has been com- mitted or with some one who knows. or who upon reasonable grounds believes that a particular person has commited 9, crime. Such a. person is the private prosecutor, and he proceeds either by denouncing the offender to the law of- ficers of the Crown or by laying an information before a magistrate. If the magistrate should commit the accused for trial, the prosecution then becomes a public one and passes into the hands of the P»ovincial Government and it is carried on at its cost by the Crown prosecutors. If the law oilieers of the Crown see fit to proceed on a denuncia- tion which has been properly substan- tiated. the prosecution is also a public one. Public criminal prosecutions are under the superintendence and direction of the Attorney-General, and are under the direct conduct of the Advocates ap- pointed by hirn to act as Crown prose- cutors, and the community have there- fore the ccrtitude that criminals will be surely and sternly prosecuted before the courts of criminal jurisdiction, that the same mete of justice will be applied to all alike, to the rich and mighty in the same way as to the poor and lowly. That justice is so administered by British Governments and in British courts is one of the prdes of the Empire.
Pnivxrn PRosEcU'i‘ioNs.
But the same guarantee does not
exist while a case is in the hands of a private prosecutor and before it becomes a public prosecution, that the law will be justly and impsrtially carried out; private intersts may then clash with the public good, and an arrangement may be made between the offender and the private prosecutor. whose money ox' goods have been purloined or whose property has been spoiled. by which the case may be withdrawn and the offender may escape the punishment which he deserves. The good old common law, which we hold from England, calls the act of making such an arrangement the compounding of a crime, and makes it an indictable offence, punishable by fine and imprisoment at the discretion ofthe, Court. The state cannot punish a citizen who refrains from prosecuting a person
who has commited a crime, Fat it is a crime for any person for a va uable con- sideration, or for some advantage, to agree not to prosecute, or to withdraw a prosecution for a crime or indictable of- fence. as so doing impedes the course and° the attainment of the object of pub- lic justice.
Time and again, when some large
establishment has been robbed or de- fraudcd, it is whispered around that an arrangement has been made and that a crime has been condoned.This compound- of a crime occurs when the offender or his relations and friends are rich enough ing or have money enough to idemnifytho . person who, or the institution which has suffered by the commission ofthe crime, and then private redress supersedes the chastisement for the crime which the security and well being of the com- munity required. In such cases private interests may be rectified but the public wrong remains unavenged. Such an arrangement does not. however,absolve the offender, and he still remains liable to be prosecuted, if the Crown should sec it to do sc. I COMPOUNDING CRIME.
Persons who compound criminal of- ‘
fences are in the eyes of the law only ordinary law -breakers like any other criminal offenders; but from the social and financial position which they gen- erailyoccupy, they cannot offer as a palliation of their violation of the law either ignorance of the law or the dire stress of poverty and want, and for that reason they are morally worse than or- dinary offenders.
The end of the punishment inflicted
upon offenders is threefold ;it is intended in the first place,to chastise the offender and in some cases to deprive him of the power to do future mischief ; in the sec-
1 ._
Wom ns 40, oO, oo 60c L
Boys, e0 b0c Misses 3oc _'_'
Nladefrompure j
Childrens 300 _ cram Qf tartar,
I safegwainaiwa
ii
iiltiii
aw' --- _ A ,
BIITH WILL IIANG
-1-._-1-
No Ileprieve for Pars- Iow or Viau.
1-_---1. _
Execution Next Friday- ` Death of Principal King of Manitoba College- Archdeacon BrlgSton’s Funeral - The Colpltt’s Case-The Caspesia _ Mov-
ing -Lord Mir\to’s Loss.
v
1-,i._... _
OTTAWA, ‘March 6. - [Special)-`-
Judge Burbidge today decided that the government is not liable for injuries I received by Colpitts, a passenger in. jured.in the 1. C. R. acc-.dent at Pal- mer’s Pond.
He declared railways are not liable
in such cases unless negligence is
shown.
Sr. JOHN, N. B., March 6.-[Spec-
ial] --Douglas Clark, C. P. R. brakes- man, fell off an engine at Sand Point
this morning and was instantly cut in two.
The funeral of Archdeacon Brigstocke
this afternoon was very largely 'attend-
' Bishop Kingdom oiliciated__and many clergyman and societies attended. The
§_e;y;ic_os'at _Trinity _Church werhwvnry. impressive. _ _
Mun' Cove. March 6--The , S. S.-
Gaspesia was seen-last night in the loose ice bearing west from Etang du Nord about fifteen miles. No doubt she is
now a long way off in a north westerly direction.
Orrawa, March 6-(Special)-Lord
Minto will not interfere, and Cordelia Viau and Sam Parslow will be executed for the murder ofthe former’s husband at St. Schalasticque on Friday. _
By the wreck of the Labrador Lord I
llinto suffered the loss of two cases- of paintings on ivory which were shipped by him. Two of these paintings' were valued at $100 each. :
Winnirizc, March 6~-Rev. Dr.King,_
Principal of the Manitoba Presbyterian College, died here today.
Dr. King was born in Roxburgshire,
Scotland, in 1829. He was educated there and at Edinburg University. He came to'Canada as a missionary in 1856 and was preaching at Toronto from 1868 to 1883, when he was appointed Principal of the Manitoba College. He was Moderator of the General As- sembly the same year. His congrega- tion presented him with $1,000, a gold watch and portrait of himself on leaving for Winnipeg.
I
ond place, to amend and reform him, if possible; and in the third place.to deter others from offending in a like manner land thus by inculcating the observance of the laws to promote the safety and well-being of the community. _
Besides breaking the law, persons
who compsund criminal offences do al- so an immense injury to society gener- ,ally;by their act they show persons, who have not sufficient strength of I character to resist temptation and to avoid evil ways, the possibility of es- . capiug by the use of their own money or of that of their relations and friends, 3 the punishment which should be in- _ ilicted upon them for taking the property of others or for some other offence
f
persons occupying positions of trust,and they affect in particular the well order. _ ing of commercial life. They set a naught one of the objects for which pun ishments are destined.
- wnrrs A New orricnn.
inal prosecution was felt in England a it is now felt here, but a proper re
r
ed. _ I
.l
the laws in the initiatory step ofa crim-
self whether the same remedy should not be applied here by our own legis- lature powers. It would 'consist in the creation *here like in England, of the cffice of `Dire :tors of Public Pro- secutions. ' They would be law officers of the crown, ag. tached to the department of the Attor- ney-General, and under his superintend- ance. but stationed in the districts where their services might be required. There duties, under the ,instructions of the Attorney-general. would be principally to institute and carry on criminal pro- ceedings in easesof importance or where diiliculties and special circum- stances _ exist ff which _ may call for the immediate inter- vention of the government in the public interest, to give advice and assistance to judicial officers and par- sons concerned in criminal proceedings, and to prevent the withdrawal of private prosecutions before magistrates from improper motives, or delays to proceed for an unreasonable time in such cases from like motives; and they would also act _generally as crown prosecutors. In England the right of a private person to initiate a orimnal pro-I ceeding is not iterferred with, but the law, however, now provides that when a private prosecution is withdrawn, or is not properly proceeded, the clerk of the magistrate must send to the director of .public prosecutions a copy of all the documents relating to the case, for such action, as the due administration of justice may require; v
A recent case which has been much
sdcussed and commented upon by the
cider the statement which it has drawn
which I have pointed out. and recom- mend at the same time_tho expediency
also do another harm to society. When the people see or hear of cases which have been settled for a consideration or fir some advantage, they imagine that the law is not administered for rich and poor alike, and they consequently loosethat respect for the administration of criminal justice which they should have. Unfortunately the people confound th » practise of certain individuals with the law itself, and they blame those entrusted with the administration of the criminal law instead of placing the odium on the person to whomi tbelongs. Owing] to the transgression of persons who compound crimes the judges of the land are sometimes exposed to lose what they greatly require while exercising their functions and that is the confidence and esteem of the people.
When an inlormationi has been laid
against a person who is accused of having. commited a crime, the magistrate is alto- gether in the hands of the private prose- cutor until the preliminary enquiry has been properly completed. He has to hear the evidence adtlucted and to decide impartially between the partiesiaccord- ing tc it; outside of what is put before
be- jchlled as witnesses, nor can he conduct the prosecution, and if he did, he would bocomethe' accuser, and would cease to be the impartial arbiter which a magistrate or a judge should always tba. He is - powerless when through the machinations of the parties a _secret arrangement is made to withdraw the case or allow it to be dismissed for want of proof.” _
Minot
of providin'g_§the same remedy for it here Fm” corpses hive already been
_ . _ 8 _
as has been done in England _ . ~ saaans»n1s:iz1isracr_'roa_ Law __ t ‘°°'°’°‘-1' Th’-°““°° °»f '"‘°
I _Gsi.tlemen' who coinpouud'ioffdnoesi,i`=iI"`5 “Bt k“°;“'f" f ""1i°II`f5fl ,
gramines of black powder exploded- 1-.
ever 100 were killed. ‘ mjuries sustained pluekity
Dreyfus is reported to have become gfhgsmmn ‘nd “amid
e mes were ex
hgrg, p U18] hid IDSEB lil, lkltifly LII*
_ services of the tire department,
KW1NmrnG. Mai-._ 6.-(.Special)-A promptly rupoudd’ wanna arl Russell, a Russian fugitive from Dr Gov” anndm tu “I
justice, who stole [27,000 roubles and` in un" 'meh though
skipped has been arrested and will be Jrmdemd “émm
him, he knows not what persons should.
foo ttitiluiw in it
» P
Despondent - A Russian
All the soldiers on duty atthe mags '
£22 me ‘Ed “;;5°iiwh°?;’r WE? °l’°'l1'%; sine were killed. and a number of the
raw cm _ _ _
Governmcntetid thl; odiefhathoin 1il,ihml`aw` tmmblmnm °f um s“"'°°“di“3 di“n°t*
The buildings -which were raised- also, @¢k¢d 59,"
had o_o of his
fell on the victims. 5 `
16°
despondent over the turn of- affairs.
extradited . ' _
Wasnrscron, March 6-(Special)-_-1
Paymaster General Carey will go to Cuba next iweek with $8,000,000 to pay
. MANILA, March 6--(Special)-The Filipinos made a desperate attempt to recapture the water works today and were repulsed with heavy loss.
Pnmourx, Mass._ March 6.--The
unusual-occnrence of a thunder storm
March was sadly emphasized by
Hoxie, who was struck down while
'ringing the bell of the congregational
church in Ctiiltonville yesterday.
Loanoa, Maron, 6.-china supper-ts'
Great Britain against the protest of Russia regarding the terms of the Niu Chang railway extension loan recently subscribed in Loudon
landed marines at San Mun Bay, China,
5" _ I »physiciansofw§ndierfulcurjes_ madoby I e _ B I cll&rlyDr.6halo"l0lnlmol$-
Iwasfoundandhasbeenappliod byiho ' 7 = 'A I ‘ Di'-ch“°’| F3517 Parliaineut,and Inowalkmy-
_Y -
_ _
si'
'"1'-""" """" '-"'»-°--'--.=- -»- -
fS`|'|B|_|SHED |8Q| THE GUARDIAN, CHARLOTTETOWN, PRINCE EDWARD ISLAND, TUESDAY, MARCH 7, 1899.-8` PAGESIQ ‘|'
EIINIIUNING CRIME
The Practice Condemned
By Judge Wurtele
1_-
1-__--tg
KipIing’s Daughter Ilead From Fatt He Knows it Not. At
-_Qi _
ini
Three _ Millions to Pay,A
Cuban Soldiers -Explo-'U -Gnu sion Kills |00-Dreyfus'
Thief -- Fatal Thunder-It ln cgtghgg storm-China and Britalnt Fire
-The Plague'-Italy Selzesi Required
Kipling continues to improve slovgly, All *wid '
but his six' year old _daughter,Josephine, L_ 05995 “U1
died this morning. " I "ning at Ml' H A
Elsie the other sick daughter, is re-I WT! ‘U Ualltml 55 A
oovenng,Kip1iag is sun we ‘iii no -be °=°df°r hwlvs 111
told the sail news. , “P10405 V131 with £01410
Pants, March 6.--The naval powder Awmduw “I hh" w Pima'
, - _ Fi-not Compton, who
,magazine of La Gonbrau, between La' me 'ing' ng
» _ _ D
spblic, and evenin the Legislative As- t S°m° and T°°1°"’ S°‘m'°m Fm°°°‘ °’f`I1hostroot
embly, has brought these reflections to IPI°d°d “I hu P”t ‘"° °’°1°°k 5" ,mn
my mind, andl now invite you to ' con-‘ morning. A ' A Q
New Your, Maron 6.- (special _si SUHIH-ww.
on
the Cuban soldiers, as per agreements*
ill;
death by lightning. of William HJ
The Russian objection 'was that a
British subject had been appointed chief
engineer. < III", 3’
The Rome correspondent of the Daily hm"
Mail says that the Italian Warships have "un",
thus actually taking possession. smhlllf’ Bubonic plague is raging with un- cu paralleled severity at Bombay N"
MAGAZINES I I
clttcien listers, M, ,, ,,,,,,,,,
CHICAGO, March 6.-[Special]- f Im- mu
The following are the closing rates :- mack ci 'n
and thus they assist in the downfall o v March wheat--; corn, 345; oats. QUIK" Sl llflllliv
26i;lpork, 9.00. _ . ,
Y
nav what-.t._12i ,eorusoa , oats, 215 I thi. Billie! 8 P°'k' 9 25 tnallil lamina
July wheat, 70% corn, 36 , oats,25! ,
POIII, 9 42 Mlm 1*’ M
I This defect in the proper working of I ' I Dwmn Teggify V W H *flu
'.l`nere’satron nsdmony by eminent 'ln Wm 'I9 'I' I
ARTEE