THE PUBLIC INTEREST.

Taranaki Daily News, Volume LIII, Issue 275, 11 April 1911, Page 8

THE PUBLIC INTEREST.

RIGHT TO WITHDRAW INFORMATIONS. At the Stratford Magistrate's Court on Friday Norman Lionel Findlay, late of New Plymouth, appeared to answer two charges of false pretenses, the informants in the cases being A. W. Lytheberg and R. Gredig. In each case it was alleged that Findlay had received money by representing himself as an agent of the Taranaki Petroleum Company, taking money on the understanding that it was a deposit on shares in the petroleum company. When the cases were called on, Mr. R. Spcnce, acting for the informants, asked leave to withdraw the informations. Findlay had made restitution of the money received, in consideration of which the informants had agreed to stop proceedings. Sergeant Cullen, who appeared to conduct the prosecution, offered no objection to the withdrawal, the informations being private ones. .The S.M. (Mr. Kenrick) said it was not clear to him that withdrawal should be allowed. In dealing with applications regarding withdrawal, Magistrates had to use discretion, and were expected to refuse applications if, in their opinion, the charges disclosed offences, the punishment of which was desirable in the interests of the public. He would put the case forward till after luncheon, when he would decide as to whether leave to withdraw should be granted. At two o'clock Mr. Kenrick intimated that he had decided to refuse the application.

Mr. Spence then applied, on behalf of Findlay, for an adjournment. Findlay had been under the impression that the charges would be withdrawn, and had not thought it necessary to instruct counsel to have his witnesses present. The S.M. objected at first to the adjournment, but finally adjourned the case until April 28, Findlay being ordered to pay the expenses (17s 8d) of a witness who had been brought from New Plymouth by the prosecution.—Post.