WELLINGTON.

Thames Star, Volume XII, Issue 3911, 12 July 1881, Page 2

WELLINGTON.

This day. A sharp shock of earthquake was felt here about three o'clock this morning. During the hearing of Whitelaw's ca^ yesterday, Mr Travers raised the poiqt tha^Dkiut View Asylum had not been gazjKted under the Lunatics Act, therefore „tbJhindictment could not be for an offence tinner that statute. The Crown Prosecutor admitted the non proclamation, and the judge said he thought the point fatal to the counts as ¥tir as for offence under the statute. The third count for common assault retrained, and the jury should .convict on it jf it vyas found that the act committed was in excess, of authority, even without malice. On the court resuming this morning, the jury who had been locked up all night, stated there was no chance of agreeing, arid they were accordingly discharged. The Crown Prosecutor applied for a new trial. The counsel for the prisoner asked who \?as to pay for the second special jury. Judge Richmond said as a matter of law, the expenses should fall on the prisoner, but he thought ft would, under the circumstances, be only graceful on ttye papt of the G/own to pay the costs. The Grown Froseputqr said he would represent the matter to the Government, and endeavor to g^t them to pay the £13.

The judge asked th* Grown Prosecutor if he thought he could get over thp nonproclamation of the asylum, as otherwise the charge was merely one of common assault. Mr Izard replied that he could jjq.t.

A new tricl jjy a special jury was then ordered for Thursday the 31st jnst. The prisoner was released on the same bail.

It has been decided to prosecute Sampson, keeper of the hulk on which the boiler exploded on gunday week. It js understood that the grounds are that |je neglected to keep the safety valve clear.

' A man nauied Eichard Bell has been committed for trial for the robbery of £J7 from William Hope.