THE PETREL MURDER CASE.

Temuka Leader, Issue 1534, 20 July 1886, Page 3

THE PETREL MURDER CASE.

At the dote of the evidence in the Petrol case at Auckland on Saturday Mr Colter submitted that there wan not a primd facie ca«e of wilful killing against the captain, and in support of this contention he draw attention to an extract from “Clarke on Extradition,” page 199, which his learned friend Mr Campbell hod previously quoted. This authority showed that a primd facie case of wilfully killing must be made out before an extradition warrant could be granted. The reason why he had put in “ Clarke on Extradition ” was (hat the information and Governor’s warrant both charged the prisoners witli killing Cooper, Mr O’Mesgher merely affirmed as Mr Cotter bad done, that a primd facie case bad not been made out against the prisoners. His Worship said ; —“Edwin Jaa. Reid snd Charles Henry Foley,—Some acte of illtreatment against this man Cooper have undoubtedly been proved against you, that is admitted by your own witness. If I thought (here was any evidence to ■how that these had even in a most remote degree contributed to Cooper’s death 1 would have no hesitation whatever in committing you to surrender to the authorities of your own country, but I have come to the conclusion that there is no evidence to show that any of these sets against accused conduced to the death of Cooper. In other words a primd facie case has not been made out. Therefore yo« are discharged.” Both the Captain and mate then left the Court, and were followed by a large concourse of people who had thronged the Court. The captain accompanied his solicitor, Mr Cotter, to that gentleman’s office, in Shortland Street, while Foley, the tirat mate, proceeded to tlm police station along with Mendoza, the second mat*, to reimne possession of his property, rln ths guard house he threw up his arms in a transport of pleasure, and exclaimed, “ Free again 1 Hallelujah ! Glory to God I as the Salvation people say.” He then entered into a brisk conversation with those around him, and received thtir congratulations with evident satisfaction. On arriving in the United States, Reid, Foley and Mendoza will make a formal demand to Government for payment of the expense* entailed upon them in New Zealand by legal proceedings undertaken against them at the instance of the actlng-Con-sul.