ices ie Oy lan, |
f ;
eau’ MA Be AR
This is true Liberty, when Free-Born Men, having to
advise the Public, may speak free. --Kveiripes.
Sixcie Copies Two Certs,
CHARLOTTETOWN, PRINCE EDWARD ISLAND, FRIDAY. DEC
ee
EMBER 11, 1885.
Vol. B-NO. 18
NEW SERLES. Che Daily Examiner
every evening by
The Examiner Publishing Qo.
From tine corner of \\ ater and
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"ahi ' , . ihe Store in the city will be continued as usual Low Prices, as al! know I sell Cheap.
Barrisiers, Atlorveys-at-Law, | Notaiies Public, de, Office—tameron Block, Queen quare. | A. B. WARBURTON, B.A.,,
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eit ene ehnssenesneei ———__—____——
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$1, 83 & 85 WATER STREET,
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L. ARTHUR & CO.) GEN HRAL Commission Merchants, 12] ATLANTIC AVENUE,
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Egos and Produce a Specialty.
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PACH PLUG OF THE
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THE PALACE STEAMERS
OF THE
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G. A. SHARP, F.W. HALES, _ r & t. RY, P. E. L Steam Nav. Co., or to your nearest Ticket Agent. |
i
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Nov. 2, 1385—eod wky i SOME of the MANY! WHO USE—
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Hotei Brunswick, Moncton. |
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F. 4. ARNAUD, MERCHANTS BANK OF HALIFAX. Cbh’town, Jan. 1885.
THE GREAT EXHIBITION!
—
205 GREE ENTRANCE to inspect our Large Stock of
North River Bridge--
First-Class Steck of Dry Goods, Clothing and Groceries, te Atantic.
‘ 0 fear of Small Pox in the Goods, as I import direct f Fnglish markets, and ever since the outbreak of the disease in the city the add beau Koos |
The people at North Ri i i thi
Opie 4 viver will find this a great convenience, as it wii i of : °j : it will save them counties Oi firm of | trip to town, and they can buy just as cheap at home. ' ‘ the
Che Maily Exaniner
- ‘DECEMEER 11, 188.
Administration of the Law.
=
OW THEY pO IT IN THE OLD COUNTRY— LETTER FOR JUDGES, LAWYERS, AND THE PUBLIC,
My topic on this occasion will be on the administration of criminal law in England, especially with a view of contrasting the procedure here with that obtaining across I have been an interested spectator at several Assizes since I came ‘over, and have observed many things 'which could be introduced with much ad- vantage to public interests in Canada,
On the 2nd November, inst., the Assizes |were opened in this city for the seven South Wales. Sir Henry _Manisty arrived by the 3.40 train, and was
[ need not say anything about the escorted by the High Sheriff, with his band
of javelin men and heralds in uniform, . Mayor Knight (the Mayor of Swansea) ard _ officials in their robes, Sheriff's Chapiain, ‘aud Under Sheriff, followed by a detach- ‘ment of police, to the Parish Church, | where an impressive service was conducted. ‘The following day (Tuesday) the Assiza was ‘opened, ‘The Grand Jury,
COMPOSED OF JUSTICES OF THE PEACE ONLY,
| Were sworn in, and the learned Judge pro- ceeded to the charge. He is a short, slight Ian, of benevolent appearance, somewhat iaged but erect and active-looking. He ' spoke with considerable hesitation at times, ‘but his words were well chosen, and it was
remarkable how well balanced he kept him-
selr under all the varying circ>mstances
that surrounded him in his difficalt posi-
tion. He remarked that only eighteen of ‘the Grand Jury had answered to their | names, and said this was the first time he | had noticed such a lax attendance. This,
however, was not for him but for them to
attend to. Finding that they had not been | supplied with printed copies of the calendar, vhe remarked upon that omission of daty. ‘ Proceeding, he observed that as this Assize ‘embraced seven conntie’, the total number of cases in the calendar was not great, but their character waa extremely bad. He had never met with an instance in which j out of 22 cases to be tried, there were no
! : . { |less than 14 cases of violence against the)
‘person, and some of a very serious charac- ;ter. He was sorry to see that the re- volver was coming into so general use in this kingdom. It occurred to him that those who make the laws, should do what they con'd to prevent such fearful crimes as were now committed by the use of this | Weapon. stopped, to some extent at least, by the, ‘ope'aion of law: for instance, the pur- 'chase of prison. When men buy such {things they should give their names, and , state what they want them for. Every one ; who has a revolver should pay a tax as a | means of protection sgainst crime. In re- | ferring to the new sect for the protection of | girls above 13 years of age, he pointed out 'the confusion and want of clearness in ite | wording, as both felony and misdemeanor are referred to in a loose way. The Grand | Jury could not reduce a charge from a ‘greater to a lesser degres, but the Petty ‘Jury could. His Lordship then dismissed 'the Grand Jury to their duties, ana very ‘roon some presentments were brought .in, and the prisoners were arraigned.
THERE WaS NO HITCH
‘in the proceedings, no confusion or hurry, ibut calm, dignified composure on the ‘bench, and the most profound respect at the bar, nor was there any waste of time. |This was very notable in the total absences lof long speeches by the lawyers, as well as | the short and direct method of examining ‘witnesses. What would have taken in some | cases five or six hours in the Island, occu- | pied here only four or five minutes. There | was also a total absence of any brow-beat- ‘ing of witnesses. On one occasion the ‘lawyer was going rather freely into the ex- lamination of a medical witness in a stab- ibing case, when the Judge stopped him,
| and requested him to keep to ithe facts, which was promptly obeyed. ‘On one occasion, the j; rosecuting
|lawyer attempted, in addressing the Jary, to explain the law of the case. he Judge | very coolly turned tothe Jury and said, Gentlemen, you will not take that as law. I shall tell you very differently and set yon right on that point when I come to charge ‘you. The lawyer at once humbly apolo- lgized, and did not attempt to tread the thorny path again,
You may judge of my surprise, when, at | the close of the day, no less than
| NINE CASES HAD BEEN TRIED land finished. At the conclusion of each
‘trial the sentence was pronounced, while|
the facts of the case were fresh. It oc- curiei to me that this was far more im- | pressive on the public, and tending to the | prevention of crime, than when the pun- \ishment is put off to a distant day, and the | ae tences announced wholesale. It must ‘also be more likely to conduce to the reform ‘of the prieoner, by confining his attention |to the character and effect of his own crime, instead of diluting it by association | with others, thus establishing a community ‘of interest among criminals, and producing a hardening effect.
| Much t'me was saved by bringing up the prisoners in batches, say six or eight | together, and swearing in the jury to try ‘the whole. Of course, any prisoner had the privilege of objecting to any of the ‘jury, but [saw nene objected to, After the charge, the Jury generally turned to
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had agreed on their verdict. The foilow- ing is THE FIRST DAYS WORK :
1 Owen G. Edwards, (25), obtaining food by false pretences. Prisoner pleaded ‘gulty. Sentenced to six months hard ‘ labor
2. William Dave (35), malicidusly shoot- ing at Ubaries Evens, who saw prevner
Other deadly things had been {most inteuse interest.
beating bis wife, and eaid, ‘‘for shame, don’t beat your wife.” Prisoner then fired ‘at him, the bullet strking off a button, ‘toa lodging near the stomach; bat
fortunately not penetrating the flesh. The
defence was as usual, ‘drunk, and did not, The jury told the
| intend to do harm,” | judge they were not likely to agree. His | Lordship, ‘not likely to agree upon such a .case? Lam astonished!” locked up. On their return they gave 4 verdict of guilty, but recommended the prisoner to mercy. Sentence, twelve months hard labor.
3. Wm. Williams pleaded guilty to steal- ing a watch, value £3, had been previously convicted nine—months hard labor.
4, Thomas James, charged with bigamy, pleaded guilty, Martha Pierce depored that about twelve years ago, prisoner and his wife lodged in her house for three or four weeks. His wife then ran away from him, and afterwards told witness that she was married toanother man. The judge said something should be done to see if it | was advisable to initiate snch a prosecution as this. He would sentence prisoner to one day’s imprisonment, and as he had already served this,he would be discharged. The agreeable surprise to the prisoner may be imagined,
5, Catherine O'Neill, (30) pleaded guilty of concealing the birth of her child. Sen- tence deferred,
6, Wm. Moore, (21), and Join Mahoney (21), burglary,verdict gulity. Six months labor.
7. Minnie Williams, (20), and Ehiza | Lewis, her mother, (40). The former for | stealing, the latter for receiving, a ring, ivalue £7. Verdict,not guilty. On leaving the dock it was affecting to see them em- bracing each other.
8, Catherine Lampert (21), obtaining two pairs boots under false pretences, pleaded guilty. One month hard labor.
%. Albert Lewis, a lad, for having killed a little girl only 34 years of age, by throw- \ing a stone at another boy. Verdict, guilty, with a strong recommendation to mercy. His Lordehip in passing sentence, remarked that it was a serious case of manslaughter, but not of an aggravated kind. After ad- verting to the prevalent practice of stone- throwing by boys, and its often serious results, he said in this instance he would passa light sentence, in the hope that it would be a warning Sentence, 14 days’ imprisonment. This ended the busivess of the day.
Ou Wednesday, His Lordship entered the Court, as on all subsequent days, precisel; at 10 o'clock. Five cases were tried on this day.
On Thursday, the whole day was occu- pied with a murder case, which excited ths Walter C. Jenkins (23), a grocer, was then placed at the bar. He hed notified his master that he would leave his employ, and had purchased a re- volver, intending to take his own life, at least. In an angry altercation subsequent- ly he shot and ktiled his master, and then shot himself, but not fatally. The jury brought in a verdict of manslaughter, The sentence is so much to the point in describ- ing the case that I will send it to you entire, taken from a local paper :—
The Clerk then called upon the prisoner. He said: ** Walter Jenkins, you have been found guilty of the crime of manslaughter. Have you anything to say why the sentence of the court should not be passed upon ray ”
‘The prisoner, in an audible voice, said: “The only thing Ihave to say is that it was quite an accident. Inever intended to shoot Mr. Smith, lam very sorry for what has occurred, extremely sorry, and I hope your Lordship will deal leniently with me.”
His Lordship then proceeded to pass sentence to the following eftect :—
“Walter Charles William Jenkins -You have been found guilty of the crime of *Manslaughter,* and Iam sorry to say of manslaughter of a very serious character, very serious. he jury have acquitted you of the crime of murder, and I think it but right to say, that the verdict is one which ouite concurs with the view wbich I have taken of the case, I think the verdict was a wise and proper one. But no one who has heard this case can come to any other conclusion than that it was a case on the very verge of murder. For some reason or other you had evidently deter- mined (previous to that fatal Saturday evening) to take away your own life. With that intent you purchased the revolver; no doubt it was with the intention to destroy your life, and which you clearly afterwards actedu pon. Probably the jury thought so—that you had bought the re- volver with no other intention, because if you did there was malice aforethought in your mind to use that weapon against Mr. Smith. But the jury has acquitted you of the crime of murder. | doubt very inuch whether, even at this moment, after all the examinations we have heard— whether even now we know all the facts of this sad ease. It was open to suspicion—but the jury is never justified in acting upon suspicion, against a prisoner, though they may act on suspicion— fair suspicion—in favor of ® prisoner, and so a Judge is right in acting on reasonable os which tells in favor of a prisoner; but not when it favors the prosecution against the prisoner. Having then unquestionably purchased the re- volver, you wrote those letters which have been read, both of which circumstances clearly showed that you had resolved to take away your own life. That, in itself, isa serious crime. Although you did not succeed—you committed a crime-—a mis- demeanour in attempting to take your own life. When any man attempts to take hisown life al- though he does not succeed in doing so, he was guilty of misdemeanour. Having deliberately de- termined to take your own life, evidentiy you sup posed that Mr. Smith would be alive after you iad Oommitted that deed. Such must have beon- the case having regard to the letters which you wrote, And those leiters, which strange to say, where objected to be put in as evidence—not here, but at the Coroner’s inquisition and before the Magistrates—are the strongest evidence in your favor, because unlese I come to the con- clusion that those lettens were a cunning device to conceal the fact that you intended % take the life of Mr. Smith, (which [ cannot do) then it was evident from the letters that you thought he
would be alive, and that he shoutd know the reason why you had com- miited the act, and what was in your
mind which prompted you to do so— viz—~(to use your own expression), that “it was his bad conduct towards Julia Clarke which had filled your mind with sorrow.” t, however, you have withdrawn bya Jetter you wrote afte:- wards. It would seem that being in great depres- sion of spirits—whether arising from religious excitement or not I cannot say-~-I must say I have no faith in that religion which is based on excite- ment;-to my mind excitement is not consistent with religion. Whether you got your mind worked up by religious excitement or not I can- not say; but I cannot believe you were under such delusions (religious or otherwise} which made you irresponsible for your actions, when you determined to take away your life. Something must have occurred in the kitchen of whic we have no kuowledge and never shall now but something must have then occurred to account for the extensive bruise which was found upon your erson. I asked the surgeon how he could account for that bruise. And here I would say that the surgeon gave his evidonce in the most straightforward manner—in a way which I should be glad to see other medical men do. I asked him how he could bryise, and be said that in his
a ‘gti Now; wie
a
‘for They were then jall small matters, certainly do not give suffi-
tierfyou had words or whether you said or did something to Mr, Smith which induced him to seize you, I cannot say, for you have never seid one word of what took placein that kitcheén., I must theretore take a somewhat unfavorable view
/of what took place, and my doing so arises from | the fact that you have not thought it prudent to
say what did then occur. Until the present mo- ment you persistently refuse to say how or under what circumstances you shot the deceased man. You simply said: ‘1 have shot him, let me die.’ All the other decails, suggesting motives, the commission of this crime, are
cient motive for the commission of the crime. You then having given way to the wicked intention of yours, to take away your own life, it unfortunately resulted in the death of another man. Lam bound therefore to pass a very severe sentence upon you. Iam very sorry for you
very sorry especially for your mother, a the other family whose feelings you have wounded-- to the very depth. The practice of buying re- volvers, as lhave already said, is coming ver; alazming. This case isa very extraordinary cn«: of the kind, and it shows the practice o-
being able to purchase revolvers with such facil ity must be puta stop to. This c*se*is, asl have before remarked, a very peculiar one, 2nd baying taken all the circumstances into consideration, must pass upon you a severe sentence, namely, 15 years of pena! servitude. The prisoner was then removed. On Friday, five cases were tried. Thomas Harries pleaded guilty to stealing a wateh and chain. A previous conviction being proved sgainst him, he was sentenced to 6 months’ hard labor, William Harris (23), for assault with ir- tent tomurder, The jury (owing to a flaw in the i:dictment) found the prisoner guiliy of assault only. Sentenced to 12 months’ hard labor. Evan Lewis (40), similar offence. Ver- dict. guilty. His Lordship said he had had a terrible case to deal with previously, and had passed a heavy sentence ; but he was going to pass a heavier one now, for there was not a single circumstance to palliate er mitigate ihe crime. Prisoner was sen- tenced to 2) years of penal servitude. Homphrey Jenkins (23), maliciously in- flicting grievous bodily harm. Verdict, guilty. Twelve months’ imprisonment.
On Saturday Arthur Evans (18) for maliciously wounding. Prosecutor was at a drinking club, of which he was a mem- ber, and had a row with a man, when pris- oner interfered and stabbed him over the left eye witha knife. {t came out in evi- dence, that since the Sunday Closing Act took effect, clubs had been formed, where any number of men could meet on Sunday and drink in violation of the spirit of the Act. The members stay there all night sometimes, drinking and playing ecards, free from police interference, In this elub there are about 80 members, They paid 134. a quarter, and for what th-y get when there. The profits are divided. At the last annual meeting, there was £17 to the benefit of the members. A medical man testifie] that there are many of these clubs in Cardiff, the country being honeycombed with them. His Lordship—''] begin to see how this calendar has core about now.”
Prosecutor acknowledged that he had been convicted three or four times for crimes of viclence : aleo for burglary and thievery, and the club was frequented by persons who fuliowed the same branches of industry as be did. In summing up, the Judge pvinted to the fact that the prisoner had practically admitted his guilt to the polic man. The jury conferred for a while and returned a verdict of not guilty. His Lordship-—What? The foreman of the jury— Not guilty, my Lord. His Lordship —Prisoner, you are discharged ; and (to the jury) you may leave the box, I am going to try another wounding case, and will have a fresh jury.
Henry W. Lewis, a lad for stabbing avother bey at Cardiff. Pro..eutor was following the Salvation Army in tie street, when prisoner came up, canght held of him, and stabbed him in the leg, severing an artery.
The judge; I am not surprised after what has occurred at this assize, that the eounsel for the defence should beldly ask « jury to discuss the case, neither am I eur- prised that the magistrates thought it right to send the case for trial; nor that youths of this age should Jook upon the use of the knife as nothing. The jury found a verdict of guilty, with a recommendation to mercy. He was sent down for one month with bard labor.
William Gwynne, (30), and Williem Daniel, (46), for causing grievous bodily harm. Prosecutor had been drinking and got into row at a public houre with some men, When he left, prisoners fol- lowed him, and brutally kicked him about the head and body. Both shoulders were dislocated, and he was severely injured. Verdict, gulilty. Sentence, Daniel, 12 months, and Gwynn», 6 months imprison- ment.
On Saturday—The court opened as ueval precisely at 10 o'clock
James Kennedy, (52), indecent assavit. Not guilty.
At 6 o'clock the business of the assizes was concludkd. The question may be asked if the strain upon the judge was not too severe, especially considering his age? It may be interesting to find that His Lordship was occupied during the previous week in presiding at the assizes for the County of Chester and North Waler, where he tried 19 prisoners. Aud what is still more surprising, just efter reaching Lon- don, he was found in his place at the Court of Queen's Bench, trying important civil suits, which has con- tinued every day to the present date. It cannot be charged that Judges in England have too little to occupy thr. thoughts ; the wonder is that humen nature can stand such wear and tear. What would become of the business of the law courts in this country if the time were frittered away, as itis in many places across the Atlantic? With manufacturers, it is often the case that a skilled workman is imported at great cost to instruct workmen how to improve in their handicraft. Why not adopt the same principle in the higher professions /
I leave the subject in your hands, and remain,
Yours truly, Wa. Heanp.
Swansea, Nov. 24, 1855.
ents <P - Bee Asa yeur storekeeper for our make of Beots,— Dorsey, Gutf & Oo. novi¥
a. Mean teemataeeeaeee