A LEGAL POINT.

Ashburton Guardian, Volume 56, Issue 245, 29 July 1936, Page 2

A LEGAL POINT.

PROHIBITED IMMIGRANT CHARGE. BROUGHT ASHORE BY POLICE. (Per Press Association.) AUCKLAND, July 28. A charge of being a prohibited immigrant was brought in the Magistrate’s Court to-day against Theodore Walter Kleinig, aged 46, who walked aboard the Niagara at Sydney on July 16, wearing overalls, and was arrested on the ship’s arrival at Auckland. On liis first appearance in the Magistrate’s Court last Tuesday, Kleinig wore a smart suit given to him by a tourist who befriended him while crossing the Tasman and gave evidence that the accused came to see him off at Sydney 7, and, after both had consumed a quantity of liquoor, was accidentally taken on the Niagara. The evidence was accepted by Mr W. R. McKean, S.M., who dismissed the charge, remanding the accused till the charge of being a prohibited immigrant was heard. To-day Kleinig pleaded not guilty. The collector of customs said that he did not ask that a penalty be imposed. Mr Noble, for the accused, raised a legal point that Kleinig was arrested and brought ashore by the police and therefore was legally ashore.

Replying to the magistrate, the accused said that he wanted to go to Canada and the United: States, where lie had important business to deal with. By cabling Sydney lie could arrange for money. The magistrate reserved the question raided by Mr Noble, and remanded Kleinig until Friday, bail being renewed at £IOO. i