CONVICTS AT LARGE IN VICTORIA.

New Zealand Times, Volume XXX, Issue 4341, 17 February 1875, Page 3

CONVICTS AT LARGE IN VICTORIA.

(Prom the Melbourne Daily Telegraph.) One of the most interesting, and what is likely to prove important, points of law has been raised by Mr. Frank Stephen in, the City Police Court, before Mr. Sturt. Under the Cx-irainal Influx Statute a well-known convict, named David White, once a celebrated pugilist, was charged before the Court with being illegally at large in the colony of Victoria. Mr. Stephen appeared for the "defence,' Mr. Montfort prosecuting. Detective Christie being called, stated that on Saturday night last be saw the prisoner in Bourke-street, opposite the Prince of .Wales Theatre, and asked him if his name was not David White. Being answered in the affirmative, he asked the prisoner if he knew he was illegally in the colony, and when lie had been discharged from Parramatta gaol White answered the questions, but said that he only wanted to be in town for a day or two. Christie then arrested him. To Mr. Stephen: The prisoner was arrested in Victoria in 1852. He was convicted of robbery under arms, and sentenced to sfeveu years, five of which he served. ■ ■■ Hr. Stephen, at this point of the evidence, said that he could prove to the Bench that the prisoner was not illegally at large. White, it was well-known, and would be proved, if the Court wished, was living in Victoria in 1852, and the Ist clause of the Influx Act said distinctly that it applied to all “ such persons not having been lawfully resident in Victoria at the time of, or previous to, the passing of this Act.” The Act was passed in 1854, and therefore could not appy to White. If the police admitted that he was living lawfully in the colony at that time, he had every legal right to be here now. It was evident why the Act had been worded as it was, as it must be in the recollection of . every one that at that period of the colony’s history, had not some such provision been made, a great number of persons who came in and out of the colony from Van Diemen’s Land would have been liable to be arrested. White did not deny that he was the man refereed to as convicted on the Sydney side, but there were doubts as to his guilt in the matter, and it was for thatreason the Government had released him before his full sentence was served. Mr. Sturt said he thought Hr. Stephen’s argument would .hold good, and that the prisoner was not amenable to the Act ; nevertheless, before settling the matter, he would take further time for consideration. ; The prisoner was then released until Thursday next, his own bail in £IOO being taken, and one security for £SO.