The San Francisco call., 1905-08-04
AGED VICTIM
Of INJUSTICE
Man of 85 Years Still Striv-
ing to Induce British Gov
ernment to Right a Wrong
BOARDS AT THE CECIL
Premier of New Zealand
Pays for the Meals of
a Peddler of Matches
BOARDS AT THE CECIL
Special Dispatch TO The Gail


LONDON. Aug. S.-Yictims of injustice
are many, but lew OF them have such
romantic history as John w. Burt,
| little white-bearded old man who sells
newspapers, boot iaceS and matches for
living, sleeps in one of the London
County Councils cheap lodging houses
and feeds sumptuously three times a day
at the Hotter Cecil, one of London's most
luxurious caravansaries 1t is probably
due to the fact that the requirements of
his inner man are so abNndantly satisfied
that Burt, despite his 50 years, endures
his lot with patient resignation and san
guinely awaits the day when his wrongs
will be righted and he will be restored
again to a1fiuence.
1t is to Premier Dick" Seddon of New
Zealand that the old man is indebted for
this strange tempering of the wind to
the Shorn lamb. The picturesque colonial
sta teSman possesses the virtue of never
forgetting an old friend. He and Burt
were pals" at the Ballafat gold dig
gings in Australia long years ago, and
for two years shared all the hardshlps
and luck that came their way. Then they
parted company and did not meet again
until they accidentally ran across. each
other IN London a few years ago Burt
was then having a hard time of it to
keep himself out of the poorhouse and
Seddon was being feted everywhere as
That made no difference to the big-heart-
ed Premier. He broke an engagement
with a titled nabob that he and the old
man might dine together at the Cecil
And when he returned to New Zealand
he left directions with the proprietor
that Burt should be allowed TO take what
meals he pleased there. The bills are set
tied by Seddon.
1t was a trumpery dispute about
watch that was the source of all the mis-
fortune that has dogged Burt's footsteps
for the last seventeen years. For some
time after he and Seddon dissolved their
gold-prospecting partnership he pros
pered and acquired a valuable farm in
Tasmania. One day he sent gold watch
to matchmaker in Fingal to be repaired.
But the watch that was returned to him
was another watch and of inferior DUAL
ity, according TO Burt's story. The mat
ter was then taken into court. There the
magistrates urged Burt to accept judg-
ment of nonsuit and n\the presence Of
a witness return the watch to the watch
maker and then sue again TO recover his
own. Burt acted on their advice
He got slugged for his pains by the
matchmaker and was laid up for several
weeks in consequence. Then he sued the
matchmaker for assault. claiming heavy
damages. When the case came up for
trial it was discovered that, instead Of
tudgmena of nonsuit, verdict had been
entered against Burt. In view of this
the court dismissed his claim, with costs
amounting to over $1,000.
Since then Burts life has been one long
struggle to obtain a rehearing of the
case. That a wrong verdict had been
entered was admitted. but, as the legal
authorities of Tasmania interpreted the
law, there was no way by which the
wheels of justice could be revolved back
ward and the wrong verdict changed into
right one The matchmaker had big
political pull and that was exerted against
Burt to the utmost. In the fight, Burt's
farm was gobbled up by the lawyers and
his means utterly exhausted. Finally the
Attorney General of the colony declared
that the wrong verdict could be ex-
plunged and the right verdict substituted
for it only through a special act of the
ImI rial Parliament and the royal as
sen thereto.
Public feeling in behalf of the old man,
who had been beggared in his efforts to
obtain justice, was strongly aroused in
Tasmania A fund was raised to enable
him to come to England and prosecute
his claim here. He arrived in 1899. He
appealed to Queen Victoria, to the Privy
Council, to the House of Lords and to
King Edward and the only result has
been an accumulation of documentary
evidence that would nearly fill furniture
van. The wrong verdict still stands
against him. No compensation for for
tune dissipated In striving to get 1t set
right has been awarded him.
But sustained by the bountiful fare
provided for him through Seddon's gen
erosity, the old man continues his gal
liant fight against legal red tape and cir
cumlocution. He declares that he will not
return to Tasmania until he has obtained
a decision one way or the other The
chances are that he will be dead and
probably be buried in a pauper's grave
before It Is reached.