HABEAS CORPUS ACT

Marlborough Express, Volume LX, Issue 229, 28 September 1926, Page 2

HABEAS CORPUS ACT

ARP.LICATTON EOR RULE NISI. G'AjOLER TO SHOW CAUSE.

[Press Association.]

AUGKL.AND1, Sept. 28,_ An application for a rule nisi under the Haheas Oorpus Act, calling on the gaoler to show cause 'vvhy he should not releaso William Georgc Gavenett, came before Mr Justice Herdman this morning. The case was heard by Mr Hunt, S.M., on September 21st, when Cavenet.t was sentcnced on two charges of theft, when the Magi'Strate threatened to have the prisioner's counsel put out of Court if he did not sit down, and remarked : ' 1 T'hore is too much of this appealing. ' ' Mr Paterson, for the iCrown, submitted that, the writ sliould be served on tlie presiding Magist.rate and the prosecution. In this case the attitude taken by the Prisons Department -wias that if the writ was a good one the prisoner would be released, and if not he would be held pending the tcrminatioii of his sentenee. He asked for an adjournment ,so that notice should be given to the presiding Magistrate and the prosecutor. The accused had served three weeks of one sentenee (a month). His Honor granted an adjournment till Thursday next. Bail was allowed at £50 in accused 's own recognisance. The Alagistrate, Inspector of Police, and Detective McHugh will be served.