MR. HENRY SMYTHIES.

Daily Southern Cross, Volume XXVI, Issue 3972, 16 May 1870, Page 6

MR. HENRY SMYTHIES.

The proceedings taken in Dnnedin somo time a S°. ftJJ3JP§t H*' Henry Smythies, under the 3rd sectiqn p£ tb^ £aip Jtya.o^ip.ngrs Agfc Amendment Bijl, wift b§, Remembered by many of our readers j as witl also, probably, the proceeding! of iha last sitting of the Appeal Court. The Otago > Daily Times of the 3rd instant rep6rts- that — " Yesterday, at the close of the proceedings in. bankruptcy, Mr. Smythies moved for a rule nisi, calling upon Messrs. Strode and Fraser, Just'ces of me ~Soa.cs, y$ show cause why a writ of certioraii should not Ibs'ue" for the return of the conviction of Henry; Smythies on .the Ist December, 1868, -with the intent that it 1 may be quashed. The motibn s was made on the following grounds :-Hlst; that the Act of 1866, nijd§F wj}icj} Mr.^mythjes 'was conyicted, is ijltjra yipes j 3n4, |^| A ot is not retrospegtiye.j 3r4» that tfya penalty cannot be reco\rer§d by 1 anyone' r bi|t the Attorney- Qenerftli 4th,' that the, conviction. is| bad in not negativing tta pardon of th» defendant ; sth, that it is bad for not finding that the defendant haa >been convicted of forgery ; and 6th,. that it' is bad because the same magistrates did not hear and determine the case. A/ter argument, Mr. Smythies said he had been given ,to understand that the , of , pftg ■ which was material to the cas^ had b^sn Jqst f Hj« Honor (Mr, Justice uhaptoan)- reminded Mr. Smythies that he had.not seen *hei affidavit,, and that, when an attempt. ,waa made to set aside or vary a proceeding upon * statement of facts, such a statement must be supported. Mr. Smythies said that he/ had. Sled the g.fgd&yijb, gnd urged that he- ought not to be made responsibly % ifajfl&t H|| Hpnor intimated that he would; take time to consider whether he would gr^nt a rule nisi, and .said $hat in the meantime he would,'endeavour, to obtain satisfactory information as to what ha 4 transpired when t'he^ case <was. heard befprethfl Qqw} $ J^q^ i& and ttiat mean vphi je ihquiwes could riespectinjg'themissingAfi^da^it'. ]TM\v. Sm'ythies theftr'iiilJm^tifd fift% \p defied "to nia^e ; a inQti6n%ai n§ b'?yMn^»tB4,'ftB> J^emjjeVfpf , ♦helba.^. Jt warS||nde*stq J qdtiyiJ t^e tipii woUld b^TmQre^pro^arjy inacfeonnQtjce, and the matter, :pending the receipt of infor. mation" froni'Wellmgton,' r wW, allowed H to

inof ef Vblrk. liyeV/a third* Idiiget/ than , the ' £or|e^|nd -ja 1^ $arfa6'ulai^a^'ig]Jo«Si