The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-09-26
Tuesday,, September 26, 1905
A COMPROMISE WITH JUSTICE.

The public and the press of Lon
don are stirred over the action OF 4
magistrate in what has become quite
a noted criminal proceeding in that
city and is spoken of as the Mattha
Holt case. A woman was given the
alternative to marry or go to Jail. 1t
seems the woman was indicted for it'll
moral conduct and the magistrate al
lowed the case to be dismissed on the
woman marrying her lover. The case
has been discussed fully in communlca-
tons to the London newspapers. FIJI
lowing is a letter published by The
Daily Mai from a London solicitor in
which the conduct of the magistrate
is severely criticised:
Sir:-There is only one proper way
of regarding the magistrates decision
namely. he acted beyond his au-
thority-"ultra vires." as it is called.
A-magistrate's duty is to administer
the law: he cannot effect a cOmDro
mise with Justice. His duty was to
convict. and his only discretion is the
amount of punishment.
He might have listened to the Of
fer of marriage and adjourned the
case. without making any bargain or
giving a hint of what his decision
would be. The prisoner would then
have been left free. and on the ad-
iournment. if she had in the mean
while been married. the case could
have ben withdrawn.
AS it is. there has been an improper
and illegal bargaining or compromise
with Justice. n the magistrate has
exceeded his powers.
So it seems that compromising with
justice nd exceeding their powers by
magistr ties is confined to NORTH
Carolina or the United States. The
Britishers also have their complains
on this subject. In prosecutions of the
character of che Martha Holt case il
has become almost the universal CAS-
tom in this section of the country fol-
the proceedings against the defendants
to be dismissed upon payment of the
COSTS if the couple will marry. Ac-
cording to the London solicitor above
quoted this is a compromise with JUS
tice and a course which no magistrate
should pursue. If it was only in this
class of cases that our magistrates
compromise with Justice and exceed
their jurisdiction in Diminishing cases
or ~suspending judgement on payment
of costs our people would make no kick
but the practice has extended SO as q
include all offenses over which magis-
trates have final jurisdiction, and 10
and then some one will be found coll-
promising and dismissing a case n
- which he has no final jurisdiction as a
trial justice, but only that of a commit
ting magistrate. This practice has
been carried to such an extent by some
magistrates as 10 make their admins
tratiOn of law a travesty on justice aud
to bring the Office of justice of The
peace into disrepute. In this Martha
Holt case there is in the communica-
tons published along with the one
above quoted one which shows that
the action of the British magistrate in
that case has already given rise to
such sentiment. A writer signing his
letter Common Sense" says:
Sir:-During the reign of the late
Dan LenO at Drury Lane Theatre one
of his pet gags in a certain panto-
mime a "Will o marry the girl or
have six months hard labour?" and
h answer was. Il will take the six
months and chance it," Mr.. de Grey
was a director of Drury Lam Theatre
during this period. only a year or SO
before his elevation to the magiterial
bench. Can it be that all this Martha
Holt business is only his little joke?
This shows how quick the public il
to catch on to what is considered amiss
in the conduct of public affairs, and
how quick it is to cast ridicule on any
official proceeding in which the bounds
Of propriety are overstepped by The
official.
So Franco wants the United State.