WANTED-BUT MISSING

Dominion, Volume 11, Issue 245, 4 July 1918, Page 7

WANTED-BUT MISSING

4 MAN ABSCONDS FROM BAIL RECOGNISANCES NOT TO BE ESTREATED A case of a 60ire\rliat r.ivo nature came Wore Mr. W. U Kiddoll. S.M.. at the Court yesterday, when Johnston M'Domild vn3 called upon to show caiiso why the amount of ,i!SO bail which lie hail put up on behalf of a man uanifd Michael Kelly should not bo estreated. Envly in Juno a charge of theft vii-i preferred against Kelly, and M'JDonJild went bail for him in the sum of .£sl). When the casu came on for hearing it was found i.init. [velly had absconded, and be lias not been hoard of. since. Mr. If. I". O'l.ciiry appeared for M'Donn!d, and submitted that the m-ognisance should not be estreated. As laid down :iu the case of Ke.x v. Guivn, recently heard at Auckland, the qiioslioii was unu :for Iho discretion of the Magistrate. Kviilenco whs given by Al'Donald, a Kienian, and a married man, living in Hopper Street, that oil .Ttino 6 be deposited ,l'sO bail on behalf of Kelly, whom ho bad known for seven or eight years. Kelly was seen by witness on tho Sunday a'nllo'wing, unci there was no suggestion Uiat the niiili would leave Wellington. Inquiries ware made about Kolly from timo to lini , .! by witness, who informed the police that h:> had lieard Hint ho was jit Marlon. Witness did not know thnt Kelly was a man with «, criminal record. To* Hie Magistrate: Witness borrowed tho .£bO lo pub up on behalf of Kelly. . >His Worship: Is this your Grot experience? M'.Donahl:, Yes. His Worship: Very well; I hope it will fco your last. After hearing what M'Douald had to Pity, His Worship said lie wns prepared to exercise, his discretionary powers, and would not order the hail to bo estreated. _\['T)o)i(ild saomecV to have acted honestly. "Once- you wont bail for Kelly," s-aid If is Worship to M'Donald, "ho was in your charge. A person who goes eur«l,y" i'<ir an accused to appear on a ceria'in day and enters into a recognisance for (lie purpose really becomes the guardian iuf the- accused. Probably you wero licit nwaro tb'it that was the position. ■\'<iu jiavo had your experience, howover, tind H is to b« liopcd you will be a little, more careful in future. I will not order tlio estreahncnt of tho bail." Applications for cstreatmc-ut of bail wero vory raio, added Mr. Biddell. As « rule, bail was fixed in a prohibitive amount. In tho majority of cases persons for whom sureties had been found ;.'i>r)era!iy appeared. It was only an oc<:i'iional - instance where an accused par-γ-oii escaped. "This man may not bo cut of New Zealand," cemarked His Worship, in regard to Kelly, "and his fun it may conic yet."