THE TRIAL OF WHITELAW.

South Canterbury Times, Issue 2592, 12 July 1881, Page 2

THE TRIAL OF WHITELAW.

SECOND EDITION

[By Telegraph.] Wellington, July 12. During the hearing of Whitelaw’s case yesterday, Mr Travers raised the point that the Mount View Asylum had not been gazetted under the Lunatic Act; therefore the indictment cauld not He for the offence under the statute. The Crown Prosecutor admitted the non* proclamation, and the Judge said he thought the point fatal to the counts, as for an offence under the statute. The third count was for common assault, and the jury could return a verdict oh it if they found that the act committed was in excess of authority, or even without notice in the “ Gazette.”

On the Court resuming this morning, the jury, who had been locked up all night, stated there was no chance of their agreeing, and were discharged. The Crown Prosecutor applied for a new trial.

Counsel for the prisoner asked who was to pay for the second special jury. Judge Richmond said as a matter of law the expense would fall on the prisoner, but he thought it would, under the circumstances be graceful on the part of the Crown to pay the costs. The Crown Prosecutor said he wonld represent the matter to the Government and endeavor to get them to pay the £l2. The Judge asked the Crown Prosecutor if he thought he'could get over the non-proclamation of Asylums, as otherwise the charge was merely one of common assault.

Mr Izard replied that he could not. A new trial by a special jury was then ordered for Thursday, 21st inst. The prisoner was released on the same bail.