WESTPOST.

Thames Star, Volume XI, Issue 3484, 24 February 1880, Page 2

WESTPOST.

Last night

Til the District Cow.-t, Steward; indicted for uui.awfa'ly wounding, pleaded not gui'ty; Mr Bickevlon Fisher, prisoner's cocnsel, moved to quash the indictment on the grounds that it was not signed by a Crowii Prosecutor legally appointed for that purpose. It appears that the District Court of Wellington was constituted by proclamation published in New Zealand Gazette of 15th July, 1875, and the same Gazette contains a notice dated 12th July that Government had then appointed Mr H. M. South as Crown Prosecutor for the District Courts. Mr v Fisher argued that the indictment must be signed by a Crown Prosecutor appointed to a consti tuted District Court, and that Mr Souths appointment, haying been dated on the 12th to a District Court which had no existence until the 15th July, was bad. It was further argued that Government letters patent bavred his exercise of: the prerogative of appointing officers to such as are necessary for the service of the colony, and that Souths appointment was unnecessary unless his office existed when his appointment was made.

Judge;: We'ston said if Mv Ei?her's contentions were sound the consequence would be that every indie)ment filed in that Court since its constitution was bail. Mr Fisher scid the Court had nothing to do with the consequences, aid pressed for judgment. • The Judge- refused ti>- quaili the indictment, but ..expressed gw;.fc doubts, end sifctnfied his wlTHngness to reserve the point, tad to fac;Khite subsequent proceedings. The difficulty so far as Steward's case was concerned was got over by the jury acquitting the prisoner. The judgment has caused great uneasiness, because if .Mr Fisher's objection, is good, the Judge's appointment, made at the same fc'me as Souths, is bad also, and eveiything, bofh civ:l and criminal, done in the District Couvts at Hokitika, l&rey-' mouth, Eeefion, aid Westport during the last five years is worthless.