CURIOUS POSITION.

Manawatu Standard, Volume XLVI, Issue 44, 21 January 1926, Page 7

CURIOUS POSITION.

CASE AT HAMILTON. Ter Press Association. HAMILTON, Jan. 20. A curious position arose in tho Hamilton Magistrate’s Court to-day. A young man, Hoy Charles Horn, last week was remanded to appear at Hamilton on a charge of attempting to murder Muriei Xetzlaff. As the police were not ready to proceed with the preliminary hearing owing to the girl Deing still in a critical condition, it was considered expedient that Horan should be brought before the Auckland Court, where a fourth remand would be asked for, but as ho had been remanded to apjiear at Hamilton it was necessary to ask for a remand in the local court. When this remand was applied for to-day, Mr Wyvern Wilson, S.M., said that unless the man was before lnm no could not deal with him. Senior-Sergeant Sweeney said that the police considered that by causing accused to appear before the Auckland Court the trouble and expense of bringing Horn to Hamilton would be avoided. The magistrate asked to see the information. Sonior-Sergeant Sweeney thought that this was *t Ngaruawahia, where accused was first charged, and v here ultimately the case would probably have to be heard. His Worship said that as accused was not present, and the information was not produced, the case must end there so far as he was concerned. Ho therefore dismissed the cliargo for want of prosecution. ■ ' Horn’s position is not affected by the dismissal, as he would appear before the Auckland Court to-day on the same charge, whore a remand would be applied for, and doubtfess, ('ranted. In any case, it would bo quite competent for the police, wore Horn’s releaso ordered, to rearrest him immediately and again charge him with tho same offence, as a dismissal for want of prosecution is not eouivalent to an acquittal, which in an indictablo offence can only bo made by a jury.