THE unfortunate man Nicks, it appears now settled, is to be the means of re-establishing the eternal harmony of things when magis- terial duties are placed in inexperienced hands. We recently set forth the grounds upon which the decision of the Junior Police Magistrate appeared altogether unwarranted; and as it seems that the Executive are not prepared to do anything in the matter, it is to be presumed that NICKS is to be the vile body on which Sir RICHARD MACDONNELL'S experiment of placing comparatively young men upon the Bench is to be illustrated. Experience both of the Law and of life are always looked upon as essentials in the Ma- gisterial character; and where both canno be obtained, the latter is in all places re garded as a sine qua non, It is no disparage- ment to the Junior Magistrate to say that he has neither of these qualifications. He is no lawyer, and his experience of public matters is limited to some five years. The results are what may be naturally expected, that is, that occasionally very serious mistakes are made. For this, Mr. RUSSELL in lividually is not to be blamed. It would be as absurd to expect him to be infallible as to look for the same qualification in any other Magistrate or Judge, aud, as we have been glad on many occasions to point out, while at the same time not sparing condemnation of his errors, the Junior Police Magistrate has often evinced an amount of penetration and shrewdness: as well as of patience and industry, such as augur the best things when combined with sufficient experience. But the want of the latter qualification ought to be a conclusive har to his appointment to the Bench with the large powers which the Police Magistrates in this Colony possess, and it is impossible to overstate the responsibility which rests upon those who have thought fit to appoint as Magistrate a person who could not, by any
argument, be considered qualified for so diff- cult a post. If there is duy profession in which experience is almost everything, that profession is the judicial. From the grey- headed Judge to the Barrister of two or three years' standing, the same answer as to what is most necessary to make a man efficient in the profession will be given. DEMOSTHENES was asked what was the first necessary to make a good orator, and his reply was "ae tion," and "what next?" "action;" and "what next?" and he again said "action." So, if it be asked what is wanted to make a good man in the judicial profession, whether as a judge, a barrister, or a magis- trate, the answer is: "practice, practice, prac- Lico."
Without experience, grievous errors must be committed, and it is a very terrible thing if those errora result, as we firmly believe is the fact in the ease which has called forth
These comments, in the unjust con- demnation of unfortunate meu, whose position and means render it impossible for them to find any other defence when they are arraigned, than that which everybody is en- titled to look for when he is undefended, in the wisdom, experience and temperance of the Magistrate or Judge before whom he is brought. In all cases where Summary Ju- risdiction is allowed, it is recognised that the gravest responsibility rests upon the Magis- trates. An authority says:--
"An Act of Parliament which takes away the right of trial by Jury and bridges the liberty of the subject, ought to receive the strictest con struction. Convictions must be taken strictly where the offence has penal consequences, without carrying the word farther than their natural sense, they must be taken against the defendant, to be true, and, therefore, they must be con- strued with strictness. The construction ought to be more strict upon eunvictions than upon indictinents, because the jurisdiction is sum. mary. Penal statutes, however ex-cuted, in their construction should be taken favorably for them upon whom the penalty is inflicted." It surely cannot be said that in the case
manche,
of NICKS the facts or the law were taken in any sense favourably for the accused.
It is quite true that it would be impossibleį for anybody in so difficult a position as that: of a Magistrate, constantly before the public, and every day called upon to decide a number of cases, all requiring thought, care and atten- tion, to avoid occasionally committing errors, But our point is this, that, while experienced and inexperienced men will both err at times, the mistakes of the former will be on the safe side, while those of the latter will com- mouly be on the dangerous side. An ex- perienced Magistrate may err in letting off a man who ought to be convicted, but he will seldom make the mistake of convicting one who ought to be set at liberty; and it is so important that this spirit should pervade judicial proceedings, that nobody not possess- ing large experience should be empowered to juflict sentences without appeal.
If men brought before the Police Magistrates in Hongkong had the right, as is the case int Shanghai, to appeal to the Supreme Court, there would be no harm likely to arise from comparatively inexperienced men, provided they were industrious and well informed, hearing criminal cases of the kind which ordinarily come before a Police Magistrate; but the matter stands very differently when they are endowed with plenary powers, which they may exercise through error unjustly, and to the grievous injury of those who are brought before them. Indeed, apart from this special case, or the special Magistrate concerned in it, it would seem highly desir- able that some simple rule be made to secure appeals from decisions given in Magistrates' Courts. Security might easily be provided against appeals being made where there is not sufficient ground for them; but it would be far better to err on the side of useless appeals thau unjust sentences.
Daily
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THE public will douthless be glad to notice from to-day's Police Reports that Mr. Rus- SELL has, in a commendable spirit of justice, reconsidered the sentence passed on NICKS, and upon the grounds of his certificates of good character, of which the Magistrate was not aware before, commuted his sentence to three months, instead of six months' impri- sonment with hard labour. After what has already appeared in these colnans, it is need- less to state that we should be glad to see even this sentence withdrawn, and it is satis- factory that steps are being taken to bring the matter before the Supreme Court, cording the agistrate's statement, it seems that the man was engaged for the Police Force without any enquiries as to his character, Mr. RUSSELL having asked Cap- tain DEANE, who sat next to him ou the Bench, whether he knew anything of the accused's antecedents, and being replied to in the negative. This certainly seems a very extraordinary way to engage the services of policemen, and calls for some attention on the part of the Authorities.
If men are taken into the Force in so off-hand a manner, it is not to be wondered at that it is not in a satisfactory condition.
* This is all a mistake. The night of
Qourts Cyctly her - appeal to depreme Stompting Ordinances to 4 071858.
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