The Garrett Street Affair.

Manawatu Herald, Volume III, Issue III, 28 January 1892, Page 3

The Garrett Street Affair.

William George Bains, stevedore, answered to his bail at the Magistrate's Court yesterday morning, on the charge of "wilfully murdering Henry Alexander Crawford, on the 10th tost. Inspector Thompson informed Mr H. W. Robinson, R.M., that the wife of the deceased had decided to retain Mr Jellicoe to conduct the prosecution on her behalf, and the case had therefore been taken out of his hands In regard to Saturday's proceedings he might say that had Sergeant* Major Ramsay carried out his instructions there would have been nothing of what had been referred to as. the indecision of the police. The Sergeant-Major, however, misunderstood his remarks, and hence the difficulty. However, the* case was now in the hands of Mr Jellicoe. The case was then put back, to allow of Mr Skerrett, who had been retained for the defence, being present. On arriving subsequently, Mr Skerrett, being inlormed of what had taken place, said he must ask for a dismissal of the information, which would not prevent another information being laid if the wife of the deceased thought fit. He was not going to allow Mr Jellicoe to appear an behalf of the police after the statement that had been made if he could prevent it. If Mr Jellicoe Had another information laid he and his client must take the responsidility of it. Mr Robinson said the information was laid by Detective Campbell. Mr Jellicoe : He has not with--4^ drawn it, and I submit that an incan be supported by } counsel. Mr Skerrett contended that counsel had np locus Btandi in this Court unless he appeared either to prosecute ou defend. At present Mr Jellicoe appeared for a witness. Inspector Thompson at this point appeared in Court, and, having been informed of the argument that had been proceeding, said that when it was intimated to him the previous day that Mr Jellicoe was retained by Mrs Crawford, he took legal advice, and was informed that he could not prevent Mr JeHicoe appearing, and therefore he handed the case over to him. Mr Robinson said the accused had a right to a9k that the counsel opposed to him should represent the prosecution, and, therefore, if Mr Jellicoe was instructed by the Crown, there was no difficulty. If not, and the Crown abandoned the prosecut:on, then Mr Jellicoe's client should lay an information., and the proceedings should go upon that. Inspector Thompson said, that Mr Jellicoe did not appear for the police, but on behalf of Mrs Crawford. • If His Worship ruled that he must go on or withdraw, he would ask for an adjournment until 2 o'clook, in order that the Crown Prosecutor might attend and take up the case. The application was subsequently granted, and the accused was released on the same bail as before. On resuming in the afternoon, Mr Gully attended, and said he appeared on behalf of the police. Ib appeared very evident that there was not even a prima facie case of murder, and they would, therefore, abandon it, and proceed against the accused on the second count of man* slaughter. The accused was then discharged on the charge of murder, and charged with manslaughter, on an informa* .. tioo laid by Detective Campbell. Dr Pollen, Mr Woods. Mrs Craw* ford, Dr Collins, Constable Gantley, Joseph and W. G. Rains, and Detec* tive Campbell gave evidenoe similar to that given at the inquest. Counsel having addressed the Court, Mr Robinson said he should not take the responsibility of dismissing such a serious case, in which there was direct evidence as to fact. He oould not dismiss it, unless he could r shown that Mrs Crawford was not to the slightest belief ; that Iwas not shown to him, and he should commit the accused for * T trial. Mr Skerrett then asked whether it would be a waste of time to call Mrs Bains and the servant girl who was in the house at the time, who would - practically corroborate the evidence of the two boys. . His Worship siad he! thought it -would be a waste of; time, and thereupon committed accused for trial, allowing the samel bail— him* self in £200 and two sureties £100 •aoh.— N.Z. Time*.