OVER-REACHED HIMSELF.

Manawatu Times, Volume III, Issue 104, 3 January 1880, Page 2

OVER-REACHED HIMSELF.

It would appear that in his desire to "make it particularly -warm" for the unfortunate Dohekty, his Honor Hie Chief Justice overshot the mark, and there is now ; more than Ja possibility that the sentence will be upsot. A_econ'ing to the English statutes, which, in the matter "of libel, also holds sway in this colony; the utmost punishment. '•where a. person is found guilty oj\ a criminal charge of publishing a libel— well knowing it to-bh \-fo lse~~ is one year's imprisonment. As is well known, Judge" Prbndbbgast. although he charged most strongly in Favor of the prisoner, added the words, in sentencing the prisoner, " with hard labor." Aftw the conviction, Dohebty sras removed to gaol, and as was stated in onr Special Telegrams, was allotted tlio position of cook in the prison as his portion of the hard labor. Tn srirnp manner or other it became known to the Hlnef Justice that in bestowing the hard labor he had exceeded his -powers, and the consequence is that DorrRHTY has been relieved of that portion df his sentence. The^q.uestion-,"fhpn, which arises is — Does not that abolition vitiate the whole of the sentence ; and if so, is he not at present illegally in custody? Even that very high judicial authority, the Chief Justice himself,, is by no means clear upon the matter, as wo see that it is his iutention to raise the question at the Court of Appeal which meets next Wednesday. . .4.3 there jippear3 to be more than a doubt upo*» the matter, the unfortunate Dqherty be free to bail until the question is finally determined.