CHARGE OF HORSESTEALING

Dominion, Volume 8, Issue 2384, 13 February 1915, Page 8

CHARGE OF HORSESTEALING

, PROCEEDING DECLARED IN- ' VALID. ■ ■■■•; (By Telegraph'.—Press Association.) ; , Auckland, February 17. • At tho Supremo Court to-day a ■ Maori, youth named Wharauroa Matru : Patera! was brought /up oft a chaTgo of ;.i^stealing. ; . fiis Honour said:—r : "This case was sent, up from the Magistrate's Court at .■ DargaviUe,-' and i bears a very serious defect upon the {face of the proceedings. The informal "tion is in the name of Matiu, and the :-signed confession is by .\Yharauroa Maftiu Patara. It may be, and probably > is, tho same person, but I must adjudi•cate upon these proceedings as I find ; them. I don't think it permissible now. /to call evidence to show it is one and ; the same person, nor should I amend proceedings to make them comply : .with the information,' Tho Hon, J- A. Tole: Could' he not vSdmit it? Mr. E. C. Blomfield, counsel for act"JSused: Without wishing to be captious hr to nmke technical objections I could /not, see my way to do it. There is a objection that wherei a per!'Jon of the Maori race is asked to, plead ; >r pteads guilty the actual plead itself Should bo written in Madri as well, and Jio quoted a case from the Law Resports. His Honour (having fooked through >tho .depositions): It; seems to me that 'the'plea 'of [ guilty was made without ; proper ccmsideration, and I think it i inadvisedly because his own' sworn ! statement is quite, contrary to the plea iof guilty.' 'The statement made to the 1 arresting' constable is lan absolute de~ I nial of giiilt and ; 'the whole; Eurroundjing circumstances strongly' point to j some other person rather than he. I [have very grave-doubts as to tho j whole proceedings and this encourages i ine to take advantage'of -what I think uin "obrioiii ."technical". defect and to i" declare, tliesd' '-.prckcedings - invalid. I t shall do that because no'rinjustice will :bo done. --It'does not preventHhe pro- • .per proceedings., being.instituted;,' Pris- ; oner, .yras. actxirdinaly dischar£.ed.<.. ,