Could not get locked up.

Manawatu Herald, 26 January 1893, Page 2

Could not get locked up.

The People of December states : — We learn on enquiry that Charles Mitchell, the pugilist, who, in conformity with Sir J. Bridge's suggestion , tendered himself at Pentbnville, Prison and offered to undergo his sentence) has been refused admission, Mitchell oil Thursday came forward to surrender himself at Bow-street to undergo the two months' hard labour. Mr Vaughan imposed upon him on October 7th for what the magistrate termed a " violent and brutal assault "on an old man. At that time notice of appeal was given, and the prisoner was consequently released on bail. On Thursday Mr B. Abrahams, his solicitor, said the appearhad been abandoned, and the costs 'with reference to it liad been paid and accepted by the Treasury. — Sir J. Bridge pointed out that if Mitchell went to prison x»ow -ike sentence would; expire in a day or two, and in that case he would escape the greater part of the penalty imposed. It appeared that the-Trea-sury had been able to find no precedent for such a case, and Sir J. Bridge expressed a doubt as to the power of the prison authorities to accept the willing prisoner. However he suggested that Mitchell might j surrender himself at Pentonville prison to see whether they would j tske him in. This has now been done, but on Mitchell seeking admission at the gates of the gaol the governor refused to receive him, on the ground that he had no power whatever to do so. When Mitchell was sentenced, the usual order of commitment was forwarded to the governor, whose dut.y'it would be to rnsnre that he remained in. prison for the period specified When ):olice of appeal was given, however, tiu j magistrate, in the usual course, was bound to countermand, in a sense, the previous order, by one for Mitcliell'srislease, which the governor now holds. If Mitchell's request for admission had been granted, the governor would possess no authority to retain him after the expiration of the sentence of two months, dating from October 7th, and would, there* fore, have been compelled to release him within a week. What course will now be adopted has yet to., be decided by Mitchell's advisers.