a thief-catcher.
"It is not my business," said he, "to play the part of a detective, or
to hunt about the country for evidence in support of voluntary
prosecutions. I have now discharged the duties of a Crown officer for
nearly thirteen years, and this is the first time that a failure in my
duty has been imputed to me. I have always conceived it to be my duty to
take official cognizance of offences against the State. As to other
cases, I have been accustomed to proceed only upon informations and
complaints placed in my hands by justices of the peace, and upon
presentments of Grand Juries. In cases of injuries to individuals and
their properties, such as assaults and riots, where a double remedy is
afforded by action and indictment, I have not been accustomed to set the
law in operation on my own motion."
"That," interrupted Judge Willis, "merely proves that your practice has
been uniformly wrong, and I take leave to remark that you have neglected
your duty. Why are you placed here, as prosecuting officer? To prevent
the violation of the public peace, or, when it has been violated, to
punish the offenders, whoever they may be, or whatever may be your
private feelings with respect to them. The moment a violation of the
public peace was proved before you, as in the case mentioned by Mr.
Collins, it was your duty to proceed against the offenders. Do you not
consider that the Solicitor-General and yourself have the exclusive
right to conduct all criminal prosecutions; or do you admit them to be
open to the bar in general, as in England?"
The Attorney-General's feelings were by this time worked up to a
tremendous pitch of excitement. To think that a Judge--a junior Judge,
who had been only a few months in the country--should presume to lecture
him in this manner, and to instruct him in his duties as though he were
a petty juryman! "My Lord," he burst forth, in a tone of hot anger, "I
know my duty as well as any Judge on the bench. I have always acted in
the way I have indicated, in which respect I have followed the practice
of all my predecessors in this Province; and I shall continue to act in
the same manner as long as I am prosecuting officer for the Crown."
"Then, Sir," retorted Judge Willis, "if you know your duty you have
wilfully neglected it; and as you say you will continue to act as you
have done hitherto, I shall feel it to be my duty--holding, as I do,
His Majesty's commission on this bench--to make a repres
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