THE ANDERSON'S BAY PERSONATION CASE.
The adjourned investigation of the charge preferred against Robert Moore, of Tomahawk, farmer, of attempting to personate one R. B. Heriot at the Peninsnla election, was heard to-day before his Worship the Mayor On the information being read, Mr Joyce appeared for the accused. No one appearing to prosecute, application was made for the discharge of the accused. The Bench expressed surprise that a charge of this kind should have been preferred, and then dropped without the slightest explanation being forthcoming .Sub-Inspector Mallard stated, on behalf of the . Police, that the accused was given into custody by the Returning Officer, charged with having, at Anderson’s Bay, on the 19th instant, committed a breach of the Elections Act, 1870. The Returning Officer had attended at the watch-house and signed the charge-sheet. At that point the duties of the police ceased. The Court:. Does the Returning Officer know that the case comes on to-day ? Sub-Inspector Mallard replied in the affirmative,adding that the prosecutor understood the case would be further remanded.
Mr Joyce, objected to any further remand. There was nothing before the Court to warrant the further detention of the accused. Sub-Inspector Mallard: The constable into who&e charge the accused was given is here, if your Worship would like to have his evidence. The Court: It is very strange, indeed, that a man should have lieen given into custody on a charge of this nature, and then be discharge i without any explanation having been given. Sub-Inspector Mallard : I understand the Returning Officer is engaged to-day at 12 o’clock at an election in the country. Mr Jovce; That is no reason why defendant should be detained any longer. The only question for consideration is one bf costs. The accused has brought a number of witnesses to Court, and has otherwise been put to very considerable trouble and expense. 'i he Court: Intheabsenceof theprosecutor, the Bench has no alternative but to oncer the discharge of the prisoner, it does, indeed, seem very strange that a charge of this nature should be made, and no evidence be forthcoming nor admission made that the charge is a mistake. The Bench has no option left but to discharge the prisoner. The accused was accordingly discharged.
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Evening Star, Issue 3225, 21 June 1873, Page 2
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374THE ANDERSON'S BAY PERSONATION CASE. Evening Star, Issue 3225, 21 June 1873, Page 2
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