Friday, January 5, 1866 | The Globe (Toronto) | Page 1, col. 9 |
County Assizes.
The Assizes for the United Counties of York and Peel opened yesterday, His Lordship Mr. Justice Hagarty presiding.
Grand Jury
.. The only case, he believed, calling for special remark, was that of a couple of boys, charged with obstructing a railway train. Having cited the law on the subject, His Lordship went on to say that the nature of the charge to be submitted to the Grand Jury had reference to the moving of the "points" on the track. Every rational person is supposed by the law to know the consequence of his own acts. Of course you may see a person moving the "points," or switch on a railway, who is merely doing his duty. But if a stranger is found doing such an act, the question at once arises as to his motives. If a man fires a shot into the middle of a crowd, the law presumes he wanted to hit somebody. The law assumes that every man contemplates the natural result of his acts. Otherwise, offenders would never be reached?, and hence the inquiry in the present case. His Lordship, in further illustration of his statement, preceded to notice a trial at which he presided, not long since, in the country, where a man was charged with undoing the coupling of cars—an act which might have led to very serious damage and loss of life. He was found guilty and sentenced. This man's defence was that he did not know what he was doing; but the answer came that he must take the consequences of such acts. He might be told that in the present instance the offenders were very young. As regarded that, there was, he might state, provision for punishing such in the Reformatories; and if convicted, they would have to be punished, unless, indeed, it appeared that they were so young as to be incapable of knowing the danger of their acts. When the Grand Jury heard evidence for the Crown, all they had to do was to say whether it was such as to raise in their minds the ordinary presumption of guilt; and if on examination the evidence appeared to them utterly weak, they could exercise their undoubted privilege of throwing the bill out. This was, he might remark, a privilege to be very carefully exercised. ..
The Grand Jury brought in a true bill against the two boys for attempting to obstruct the Northern Railway track on the 28th ult.
The Court soon afterwards adjourned.