AUCKLAND.

Thames Star, Volume X, Issue 3098, 22 January 1879, Page 2

AUCKLAND.

This day. Mr Sheehan has returned from the Thames, and was interviewed by Natures who desire to accompany Simpson, surveyor, to point out the best route from Cambridge to Ohinemutu.

A second deputation is now waiting on Mr Sheehan, who wish to sell to the Government the celebrated spring! at Rotoiti, on the Tauranga side of the Hot Lake district.

Judge Gillies gave judgment to-day in the application for discharge of Kennell, charged with the murder of Captain Moller at Butaritari, outside the Queen's dominions. After reviewing the facts previously telegraphed, he said Counsel for the Crown appeared imperfectly instructed in respect to such an important case. The Judge said the provisions of the Foreign Offenders Act applied only to offences committed within the Australasian Colonies, therefore the Act did not apply in the present case. The argument that the offence was committed within the jurisdiction of the Colony of Fiji did not apply, as the act was committed at Butaritari, and outside the limits of Fiji. The Judge said he was compelled to come 10 the conclusion that both warrants, original and substituted, were equally bad, and that neither of them legally authorise the detention of the prisoner. The Judge concluded, after a careful and anxious examination a review of all the statutes which might give power or jurisdiction to this court to try the charge against the prisoner:—I have failed to find any that confer that jurisdiction. Had I been able to find even an apparent authority for assuming jurisdiction I should in the interests of public justice hate assumed it, leaving the Court of Appeal ultimately to determine the appeal, but I cannot find eren an apparent authority.

I am therefore compelled, through a Legislative defect, to permit a manifest failure of justice. The prisoner must be discharged, but I trust that the Government of the colony will take such measures as will prevent the recurrence of such an event.

A man named Charles Phillips has been arrested on warrant, charged with forging and uttering an order on Mr Phillip's, painter.