RECIDIVISTS IN AUCKLAND.

Auckland Star, Volume XIX, Issue 100, 28 April 1888, Page 5 (Supplement)

RECIDIVISTS IN AUCKLAND.

ARREST OF REMI CURY.

THE TWO PRISONERS BEFORE THE

COURT.

Communications have been passing freely during the last week or so between the authorities at Wellington and Inspector Broham with respect to the proposal to send the two recidivists who were rescued by the barque Howard back to New Caledonia. One of the men was already in custody on the charge of house breaking, and yesterday afternoon' Dr. Giles, R.M., issued a warrant for the arrest of the other, who is named Cury. Detective Walker executed the warrantlast night, and took theman into custody. The two prisoners were brought up Dr. Giles, Resident Magistrate, at, the Police Court to-day, and charged conjointly. Remi Philibort Cury, and Franci, alias Capitave Gasparini, were charged that they did on or about the 25th day of February, 1888, at Noumea Harbour, New Caledonia, feloniously steal, take, and carry away the cutter Martinet. Mr Hudson Williamson appeared for the prosecution, and Mr Napier for the prisoner Cury.

Mr Williamson said the proceedings were taken at the instigation of the French Consul-General in Wellington.

Mr Napier argued at some length to show that the Bench had no authority to keep the prisoner in custody. The information was bad in so far that it did not allege that the cutter was the property of any person. The procedure was also bad. His Worship ought not to have issued this warrant and had acted ultra vires in signing such a warrant without an order from the Governor as he was nob a commissioner. The accused could only be detained by a warrant from the Governor. Again they could not lawfully detain the prisoners because on the face of the information the crime was committed outside the jurisdiction. If the crime was committed outside the jurisdiction, the provisions of the extradition warrant would not have been complied with. The Governor's order had not been produced, and there was nothing to show that New Caledonia is a possession of France.

Mr Williamson submitted that these objections did not apply at this stage. If an officer came from New Caledonia and applied for the custody of the prisoners, that would be the proper time to bring forward these objections. This was simply an action to retain in custody.

Mr Napier replied, and His Worship took an hour to consider the points raised. •

The Court adjourned for an hour, and resumed at 12.30 p.m.

His Worship pave his decision on the points raised by Mr Napier at some length. He overruled all the objections, and held that the proceedings m ere valid. If a police magistrate was precluded from issuing a warrant, the Act did not similarly preclude a Justice of the Peace. The only thing he could do when the prisoner was brought before him, was to order him to be taken before a Commissioner, and the depositions could not be proceeded with until that was done. It was his duty now, by warrant, to order that these prisoners be brought before a Commissioner. Mr Napier: That means that ■ your Worship has no jurisdiction to hear the case.

His Worship : That is so. I sit here as a single justice, and cannot hear the case.

Mr Williamson asked for a remand for eight days, but Mr iNapier objected ami pointed out that the prisoner must be brought before a commissioner forthwith. If there was no commissioner.he must be discharged

Mr Williamson said he had telegraphed to the Government yesterday morning relative to the appointment of a commission, and he believed that appointment w&s now on the way.

His Worship ordered the warrant to be made out, providing for the prisoners to be brought before a commission forthwith.

A warrant was produced from Dr Giles, as J.P., ordering the police to bring the accused before a Commission under the Act They were then formally arrested under this warrant.

Dr. Giles stated that he had received telegraphic intimation from the Undersecretary of Justice that he had this morning been appointed by the Governor a commissioner under the Extradition Act, and he was prepared to go upon this fact and hear the charge in his capacity as Commissioner.

Mr Hudson Williamson thereupon applied to have the ease adjourned for a week, in order to prepare evidence, and no objection being offered by Mr Napier, prisoners were remanded accordingly.