CITY POLICE COURT.

Evening Star, Issue 4044, 11 February 1876, Page 2

CITY POLICE COURT.

Friday, February 11 I (Before V. Pyke, Esq , R.M.) Drunkenness.—Duncan Cameron was fined ss, in default twenty-four Lours' imprisonment: Donald M'Domld 10a, or three days'. Apple-stealing.—John Everett, a youn? man, was charged with stealing peven pounds of apples from 1 he garden of John P. Jom-a, publican, St. Kilda Prisoner pleaded guilty. —lt appealed that his accomp'ice in the theft hid not yet been arrested. -Prisoner was s nt to gaol for three months, Mr Pyke remarkin? that the offence beinsj a common one required to be dealt severely with. Alleged Fobgeby.—George Hyde Campbell surrendered to his bail on an infoimation laid by tfhepmrd Reeves, manufacturer, With having, on February 20, feloniously forged a promixsoiy note for the payment of Ll4l 17s Bd. Inspect >r Millard appear d to prosecute; Mr Stout defended—lnspector Mallard: The nrosecutor in this case having left the Colony of New Zeal nd since the infoimation was laid, I can oly offer such evidence as I have, and then as'c for a remand for the usual period unt'l Mr lleeves has been communicated with. I the C< ramusioce* ot Pol'ce hiß wi it-ten to the Vict rian a-thoritie-, who know his whereabouts and will Inve no diffiou ty in finding h'm. Oa tbo sworn inforaa>.tion of the pros cutor, and such oth r evidenc t as I inten 1 to offer, I sha'l a-k that a rem .nd be granted til Mr Reeves can be communicated with. Mr Stout: I hold that there is no juris iction The English law in this respyct is different f • om many other countries : it does not sllow the police any more power than any other British citizen or pereoi tj proceed with a crimina' information in the absence of the informant, except someone appears for him. Until the case gets to a certain s age, unle s someone appears to prosecute, there can be no charge, and the cai*e must "bi ttruck out. _ No one is auth ri>ed to appear in this ca*e, because we 'earn the informant U . not wi'hin'the jurisdiction of this Colony at all, and so far as this Colony is concern' d he is in a for i«?n Colotiy; and is not re- rese- ted ss he might bs under the Justices of the Peare Act by a barrister or solicitor. There being no appearance rf the nros3cutor the only course open to the Cou t is to d'smlss the case I mbmit that is the plain law; when the pr<-se-al or is ca'lel and do s not appear the ca<*e must fall to the ground. Mallard havin? no instruc "oub fr m the informant has no locus standi in thh Cou-t. In London it had ro ently been ht-ld th.it the police had no locus standi, not being inst uoted by the prosecutor.—His Worship: Does that ap.ly to felonies?-Mr Stout: It applies to all ca*es.--Hiß Wor-hip: It is a com* won procedure for a constable to arrest a ;" man v ithout aa information and to charge him with felony.—Mi- Stout: But then the constable must lay the information. Xi such a '

const *ble aslb his mlaE^l^^Bp^Ten 1o be wttMrawi thera Shliafc&Aß etfStßee of the tffcanittal. of - Mal'ar t :.p»roduce the itfrraut ho vas apprej&nded.—M* \MA : mm 4he Inspector if be mean? to Staters a fStlhat the accused -was apprehended tinder ti&f Warrant. —The Inspector, (hesitatingly) : to Bay fa this.-riMr efiie question.—The? Lispeotor :> In conßedjujiroe of thai .warrant Uaving been issued, was arreted.—Mr Stout contendeClEbat accused had not been arrested under any warrant, to the whole matter was informaL-r-His' Worship: He -was arrested by a Wellington detective who wai in the Otago force when the warrant was issued and kn w of its existmce.—lnspector Mallard expkvned that the warrant was issued onMax22, W5 v the Colony on May 2L Criminal proceedings were not taken until the day after he left.— His Worahio: And it was well known he had left. The Pie*s made it very public.—lnspector Mallard continued, adding that informant came to lay an mf ormation 2 in consequence of which the Resident Magistrate heie isued the warrant now produced, and a felony having been commit ed the police cju'd ap» prehend, even supposing they had not got the warrant. When accused reached Port Chalmers he was apprehended by Detective Neil on the warrant.- -Bis Worship : ihe in* formal io.i i'self is not a material part of the proceedings. I think, perhaps, the bist course would be to allow the matter to stand over for a brief period, in order that steps might be t ken accurately within the law. I would not take upon myself to discha>ge the accused on a lechmcal point, though 1 admit it taw some icrsi n.i t. Piisoner would re remanded to some period to be decided.—Mf Stout-: Then I ask iill to-morrow.-BBs Worship • That is certainly too brief. I presume the rpohce have jower 'to obtain legal advice m a case of this kind-Inspect MaUard (curtlyi: If we are not competent *o conduct our business, surely we are not oomws tant to be here.-HisWo.Bhip: I don* take it that every member of the force is a lawjer.— Tbelosprctoi: I don't peume to be one.— H s Won-hip, after further discussion, said ha thought it would be better to remand the case m order that a fresh information might be laid It was a question of »esponsibilitywhether the pohcewouldlayaffesh information or not— Mr btout: In that case they need not ask f ofc a long remand.-His Worship thought it would be convenient to all parties to remand the case till be heard to morrow. Be could bring evidence to show the statements of the informant wefc» mco rect.- His Worship: It is at least busdU cious for informant to lay an information of this k.nd when he must have known accused was not in the Colony.—Accused wan remmded 111 Monday, bail being allowed, hiasef in L2OO and two sureties of LtOO