WELLINGTON.

Daily Telegraph (Napier), Issue 3132, 12 July 1881, Page 3

WELLINGTON.

July 12. A sharp shock of earthquake was felt here about three o'clock this morning. During the hearing of Whitelaw's case yesterday Mr Travers raised the point that the Mount View Asylum had not been gazetted under the Lunatics Act, and therefore the indictment would not be for an offence under that statute. The Crown Prosecutor admitted the nonproclamation, and the Judge said he thought the point fatal to the counts as for the offence under the statute, but the third count for the common assault remained, and the jury should convict on it if they found that the act committed was in excess of authority even without malice. On tbe Court resuming this morning the jury, who had been locked up all night, stated tbat there was no chance of agreeing, and they were discharged. The Crown Prosecutor applied for a new trial. Counsel for the prisoner asked who wastopayforthe second special duty ? Judge Richmond said, as a matter of law, the expense would fall on the prisoner, but he thought it would under the circumstances be graceful od the part of the Crown to pay the cost. The Crown Prosecutor said he would represent the matter to the Government, and endeavor to get them to pay the £12. The Judge a«ked the Crown Prosecutor if he thought he could get over the nonproclamation of the asylum, as otherwise the charge would be merely one of common assault. Mr Izard replied that he could not. A new trial by a special jury was then ordered for Thursday, the 21st instant. The prisoner was released on tbe same bail.

It has been decided to prosecute Simpson, the keeper of the hulk on which the boiler exploded on Sunday week. It is understood that the grounds are that he neglected to keep the safety valves clear. Richard Bell has been committed for trial for the robbery of £17 from William Hope.