THE TRIAL OF MR. WHITELAW

Ashburton Guardian, Volume 2, Issue 393, 12 July 1881, Page 2

THE TRIAL OF MR. WHITELAW

The Jury Unable to Agree.

(bt telegeafh.)

Wellington, Yesterday.

The trial of Whitelaw occupied the Supreme Court all day. No new facts were elicited. The jury, after four hours deliberation, said that there was no chance of agreeing, and were locked up for the night.

Wellington, To-day.

During the hearing of the case yesterday, Mr Travers raised a point that the Mount View Asylum* not having been gazetted under the Lunatics Act, an indictment could not lie for an officer under the statute. The Crown Prosecutor admitted the non-proclama-tion, and the Judge said he thought the point fatal of course as for an offence under the statute. The third count, for a common assault, was removed, and the jury returned a verdict on it. It found that the act committed was in excess of authority, even without notice. On the Court resuming this morning, the jury, who had been locked up all night, stated there was no chance of their agreeing, and they were discharged. The Crown Prosecutor applied for a new trial. The counsel for the prisoner asked who was to pay for the second special duly. Judge Richmond said that, as a matter of law, the expense must fall on the prisoner, but he thought it would, under the circumstances, be graceful on the part of the Crown to pay the costs. The Crown Prosecutor said he would represent the matter to the Government, and endeavor to get them to pay the Lioa. The Judge asked the Crown Prosecutor ,if Ijp thought he could get over the non-proclamation of asylums, or otherwise make the charge merely one of criminal assault. Mr Izard replied that he could not A new trial by special jury was then ordered for Thursday, 21st instant. The prisoner was released on the same bail.