MOTORIST IN PRISON.

Waikato Times, Volume 121, Issue 20274, 17 August 1937, Page 7

MOTORIST IN PRISON.

SENTENCE CHALLENGED. II MAGISTRATE BIASSED T (By Teleyrspb.—Press Association ) I INVERCARGILL. Monday. An application for a writ of habeas corpus for the release of Eric Clarence Taylor, garage proprietor, of Invercargill, who was convicted by Mr \V. 11. i Freeman, S.M., on Wednesday last and ij A "Mnfenced to 14 days' imprisonment on a charge of negligently driving a car, l was made to Mr Justice Kennedy in ' the Supreme Court to-day by Mr G. J. Heed. ► The grounds of the application w-ere that the magistrate Improperly i took Judicial notice of facts neither given In evidence nor of which by law be was entitled to take judicial notice. Mr Reed sal.l there was no dispute as to the facts. Counsel •submitted that the magistrate either prejudged the case or acted with bias. Ills Honour: Do you suggest the magistrate had no right to ask your [ client, when he was In the box, questions regarding his previous convictions? Counsel replied that he admitted that the magistrate was entitled ask any question. ** But proceeding from that, do the facts In this case show that the magistrate. In asking the questions, so prejudged the rase as to prohibit his acting Judicially In this particular matter.” said Mr Reed. Mr H. J. Macalister. In putting the case for the Crown, said that although accused told of tils previous convictions tn answer to questions by the magistrate, they w*re questions which the magistrate could properly ask. The fact that a list of previous convictions was handed In did not affect the position. His Honour said he would take time to consider his decision.