The Recidivistes in Auckland

Marlborough Daily Times, Volume X, Issue 314, 30 April 1888, Page 2

The Recidivistes in Auckland

(Per Press Association.) Auckland, April 29. The prisoner Cury, who was arrested on Friday, was brought up at tho Police Court on Saturday, before Mr MiL-s, R.M. In connection with tho other recidiviste, Gasparme, chargcci with stealing tho cutter Martinet, the boat in which the men escaped from Noumea, he was also brought up. MrH. Williamson, who appeared for the prosecution, said the proceedings were taken at the instigation of the French ConsulGeneral iu Wellington. Mr Napier appeared for the prisoner Cury, aud argued at some length to show teat the Bench had no authority to keep prisoner in custody. The procedure was had, and His Worship ought pot to have' issued a warrant., aud had acted ultra vires in signing such warrant without an order from the Governor, as he was not commissioner. Accused couid only he detained by warrant from the Governor, and he .contended that the offence had bec-n committed outside the jurisdiction of the Court. His Worship adjourned.the Court for an hour to cousidb- tile points raised, and then overruled s£v Napier’s Objections, at the same time admitting that he had no power to hear the case, as he was not a commissioner. Eventually a telegram was received from the Undor- I Secretary oi’ Justice, intimating- that he J had been appointed a commissioner, and j the case was adjourned tor a week.