THE PETREL CASE.

Ashburton Guardian, Volume V, Issue 1292, 19 July 1886, Page 2

THE PETREL CASE.

Ar;cKL\ND July 17, At the c ! ose rf the evidence in the Pot. r ei case :o-'t-y Mr C >*t>;r e'a'ed that t .iat w,:s ! he. ft 1,-la "f the evidence for the defence lie submitted that 'here was rut % prima facie case of wilful killing against ti.o capia u, and in supp rt of hla contention he drew attention to an extract from “ Clarke on Extradition,” page 109, which ia learned friend Mr Campbell had previously qu ted. Tr.ia authority showed that a prima facie case of wilful killing must be made before an t xiradition warrant could be gramed, The reason why he had put in “ Clarke on Extradition ” ’was that the’ information' and Governor’s warrant both charged the prisoners with killing Cooper. Mr O’ Meagher merely affirmed as Mr Cotter had d- no, that a prima facie case had not been made out against the pciseners. His Worship said “ Edwin Jas. Reid and Charles Henry Foley,—Some acts of illtreatment against this man Cooper have undoubtedly been proved against you ; that is admitted by your own witness. If I thought there was any evidence to show that these acta had even In a most remote degree contributed to Cooper’s death I would have no hesitation whatever in cotnmi ting yon to surrender to the authorities of your own country, but I have come to the conclusion that there ia no evidence to show that any of there acta against accused conduced to the death of Cooper. In other words a prima facie case h?a not been made out. Therefore you are discharged. Both thee-plain and mate then left the

coutt, and were followed by a large concourse of people who had thronged the court. The captain accompanied hfs solicitor, Mr Coper, to that gentleman’s office, in Scotland street:, while Foley, the first mate, proceeded to the police station along with Mendez*, the second mate, to reenme possession of his property. In the guard house he threw up his arms in a transport of pleasure, and exclaimed, “ Free again ! Halleljah ! Glory to God ! as the Saiv ».tion people say.” Ha then entered into a brisk convention with those around him, and received their congratulations whh 'evident satisfaction. On arriving in the United Stales Reid, Foley, and Manhozt will make a formal demand to Government for payment of the expenses entitlei upon them in New Zealand by legal proceedings undertaken against them at t le instance of the actingOoosul.