MOUNT EDEN GAOL CASE.
£10 DAMAGES AWARDED. [BY TELEOUArn — I'IOCSS ASSOCIATION.] AUCKLAND, This Day. In the clniin for £100 for assault made by L. M. Jay. prisoner, against James O'Rerlly, at the time a warder in the Mount Kdon Gaol, the Magistrate (Mr. Kettle) gave judgment for plaintiff for £10. ' He did not consider that undue violence had been used by O'Reilly in forcing the orders i>f the gaoler to photograph the plaintiff, then an unconvicted prisoner, committed to caol for safe custody. He however, ruled that regulation No. 17 made under the Prisons Act was ultra vires, the law including no such power to photograph prisoners oom-mit-tod simply for safe custody. Even aupposing the regulation were valid the only jtislifluble mannor in enforcing it was by an appeal to the visiting Justices. Taking »nto consideration the whole circumstances of the case, and chiefly' that O'Reilly was acting under orders, the Mftgmtruto considered £10 mot the case in regard to tho damage executed, judgment to bo stayed for fourteen days for defendant, who is now in Wellington, to consider an appeal.
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Evening Post, Volume LXVIII, Issue 48, 25 August 1904, Page 6
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181MOUNT EDEN GAOL CASE. Evening Post, Volume LXVIII, Issue 48, 25 August 1904, Page 6
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