C
29th April 18i
THE unfortunate man Nicks, who was sen- tenced first to six, aud subsequently to three months' imprisonment with hard labour, for having, as Mr. RUSSELL concluded, been guilty of the larceny of a hat, but with respect to which sentence, there appeared good reason to believe that an error had been made, has been unable to appeal on account
the difficulty and expense of the pro cedure, and is now undergoing his punish- ment. This certainly seems very hard, and it is earnestly to be hoped that something will be done in the matter. The sentence in such weather as we now have is a very hard one; but apart from this consideration, it is a dreadful thing that a man should be de- nounced as a criminal, when there appears to be such strong grounds for considering the charge not proven, as there are in the present instance. We have already ex- pressed strong opinion upon the merits of the case, which it is unnecessary to reiterate, and which is of course open to question in face of the fact that the Magistrate took a different view. But whatever views may be entertained on this point, there can positively be no two opinions as to the mat- ter being one which demands a further in- vestigation. If the unfortunate prisoner cannot obtain one, are there no means of bringing the case forward again, and making it certain that injustice is not being done? If there are any such means, it clearly behores those who are responsible for the administration of the Colony to move in the matter.
Daily
We are informed that the case of Nicks, the constable who was sent to gaol on a charge of larceny of a hat, and subsequently released on a free pardon being granted by H. E the LAEUT-GOVERNOR, has been brought to a somewhat illogical pass. Although the man has been pardoned, it seems that the Police Authorities refuse to receive him back into the Force, thus virtually ignoring the action of His Excellency in the matter. Though the ground officially stated for granting the pardon was simply the man's previous good character, nobody can doubt that the merits of the case must have also had great in- Auence upon the LIEUT-GOVERNOR, and that granting the pardon is practically the same as a declaration that the case, at the least, comes under the category of the Scotch verdict of "not proven." It will be some- what
strange if the official courtesy which His Excellency has shown in abstaining from assigning any reason which would seem to inpugn the action or good sense of the Magistrate, should be availed of to deprive the unfortunate man of the full benefit which the pardon was, as there can be little doubt, intended to confer. Severe as the sentence passed upon him was, by no means the least serious part if it would have been the effects which it would have produced after his release, by depriving him of his employment, and making it extremely difficult for him to find any other. If the Captain Superin- tendent--who it is to be presumed is the person responsible in this matter---persists in refusing to receive the man back into the Service, the most serious result of this mis- carriage of justice will be unabated, notwith- standing the free pardon granted by the LIFUT.-GOVERNOR. It is impossible to allege
ath may day:
that, apart from the charge of larceny which the pardon may be held to put aside, the accused had done anything which would justify his dismissal from the Force; and such being the fact, the refusal to receive him back again is, to say the very least, scarcely courteous towards the LIEUT.-GOVERNOR, as it amounts to a tacit declaration of opinion that the pardon he has granted is not called for. It is hardly to be supposed that Mr. DEANE intends to take up grounds so strong, and as we firmly believe, so utterly unjustifi- able as these. There is perhaps a little amour propre in the mattor which ought in a case where justice is concerned to be set aside. Although Mr. DEANE did not act as prosecutor in the case, it is likely that in his position of Head of the Police, he indirectly furthered it, and he may be a little piquod at finding that the prosecution has come to nothing. But he must surely recognise that it would be wrong to allow any such feeling as this to influence him in the matter as it at present stands. The object of investigating charges is as much to vindicate the characters. of those against whom they are brought as to punish those who are found to be guilty; and if the former has been the ultimate re- sult of the proceedings against NICKS, the fact should be accepted, and the man re- instated in his former position. No one can blame Mr. DEANE for having favoured the prosecution which was instituted. If it was an error, it was at all events one on the right side. To refuse to reinstate him now, would, however, be an error on the wrong side, and one which would go far to give to the ori ginal mistake the appearance of being more than an error of judgment, no doubt to be regretted, but not such as can be con- sidered inexcusable,
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