"IT IS SCANDALOUS"

Dominion, Volume 8, Issue 2438, 17 April 1915, Page 8

"IT IS SCANDALOUS"

■V:'/ ' ■ THEUMYERSM3BOZIER CASE ORDERED : 'AcsociaHon.) Chrlstohuroh, April 18. 'At tha Supreme Court this morning a further act in tho long-drawn-out litigation known, popularly as .the MyersOrozieT case oame on- before Mr. Justice Stringer in Chambers; when the Gaoler of Lyttelton Prison produced in jewurt Albert Edward Crozior, . under •writ of habeas corpus. The Gaoler was asked to show authority for detaining the prisoner, who was taken to gaol a few days ago on warrant for non-oom-pliance with an order made by Mr. V. fe. Day, S.M.', at Ashburton, calling upon Crazier to pay towards the sujk .}>ort of the illegitimate child of Myers's daughter; Mr. E. T. Harper appeared on befcOf of Orozier, and moved for .the discharge of the prisoner. 1 Mr. Sinclair said he appeared on be.Ealf- of John Scott Myers, and asked thai the proceedings should he taken-' in open court. : His.Honour asked what was Mr. : Sinclair's ; status. Mr. Sinclair said ho did not know, but he had been, asked bj Myers' to appear for him. He proposed to show that in giving judgment Mr. Justice Denniston did not have all the evidence: before him. His Honour: Do you mean to tell me •that you want me to take that' into 1 Consideration P Mr. Sinclair: .Yes. ■ ; . His Honour: "Absurd! Do you mean • Siat I am to revise the judgment of Mr. Justice Denniston?

Mr. /Sinclair: -The.: )judgment was ftJvon In emu-.

.V His Honours TiTmii right" have .von to mako such , statements? There is a. proper time and place to deal with finch an allegation. . Mr. Sinclair: I submit that this is the proper time to. object to Crozier'a . Teloa.so.--v /• ' a \ Ho.Mur pomtea .'out thit Crozier was held under a warrant that was bad. and Mr. Sinclair could only aet a judgment nf the Supremo Cfourfc reflraewed by appealing. • r Mr.Sinclair:lt is too late.V' , His Hoiwur: I cannot help that. You maKe a preposterous proposition that : i you can impeach the judgment oh these proceedings. . - Sinclair asked if His Honour ' Would hear facts? ; Bis Honour : No, I won't hear factsif J-hej. ynpeach:' Mr. / Justice*' Dennis- • ton s judgment.. I am hero to adjudi- , cate. as to whether this man is held ; , imder a proper warrant. That warrant is bow hold to he -wrong, and I thinl,l 01 P necessarily, that the prisoner should, be discharged. After further r .discussion His Honour said: "I'think it - |w quite clear that the man should be disoiiarged, and it: is scandalous that he should bo held to imprisonment. I .. jthink it is somewhat remarkable that jthis warrant is not in the 'ordinary/form (the /Act expressly/ , provides in . cases .Where failure to make payments arise >-:tiiafc„ the. Magistrate; may .make pro- •.. jwsion .that oh. the. payment of .arrears - , the man may be tlisclwrged. That form ,ttas not adopted in this; case, and ap- , parently the man had no opportunity, even if he paid up the arrears, of getting discharged. That is somewhat re- ; roarkable, and is certainly a form that mWoulq not be adopted.. The man had given , security for the order made against him, and also for appeal, and ■ had lodged bail." • Mr. Haroer: In reference to this an- • plication this is-.one of the most vindioHia Honour: Never.mind.. I don't . 'want-to hear . Mr. Harper: The warrant is bad on the. face of it, and I consider this a case for the Crovvn to assert its preroga•s. Ove and set the man at liberty. ' His Honour made / an. order for Cro-fcier's-^isoharge.