A PRISONER’S APPEAL

Northern Advocate, 28 September 1926, Page 4

A PRISONER’S APPEAL

RELEASE DEMANDED. AUCKLAND, This Day. Application for a rule nisi under the Habeus Corpus Act, calling on the gaoler to show cause why he should not release William George Cavenett, was made before Mr Justice Herdman this morning. . The case was heard by Mr P. K. Hunt, S.M., on September 21, when Cavenett was sentenced on two charges of theft, when the magistrate ■threatened to have prisoner’s counsel committed for contempt of court if he did not sit down, and remarked “there is too much of this appealing.” Mr Paterson, for the Crown, submitted that the writ should be served on the presiding magistrate and the prosecution in this case. The attitude taken by the Prisons Department was that if the writ was a good one the prisoner would be released, and if not he would be held pending the termination of his sentence. He asked for an adjournment and that, notice be given to the presiding magistrate and the prosecutor. Accused had served three weeks of one sentence (a month). His Honour granted an adjournment till Thursday next. Bail was allowed in £SO and accused’s owu recognisance. The magistrate, inspector of police and Detective McHugh would be served.—Press Assn.