Untitled

New Zealand Herald, Volume XVI, Issue 5358, 18 January 1879, Page 4

The argument of counsel upon the return of the writ of habeas corpus in tbe case of Thomas lienntdl, charged with the murder of Captain Moller, will be found in another column. Tho prisoner does certaiuly not possess any appearance of a desperado. He is a very mild-looking, rather delicate person, and is described to be a man of superior education and culture. It is stated tliat he bo far felt for the condition of Captain Moller, that he advised the wounded man should not be landed, for if that course were persisted in, he (Rennell) " would not be responsible for Moller's death." The discussion turned mainly upon the question of jurisdiction, and followed pretty closely the line of reasoning indicated in the Hkuald some days since. The argument iu favour of the discharge of the prisoner is, that there was actually no jurisdiction iu the Resident Magistrate to commit him. But the case itself assumed a new phase. The Crown Prosecutor asked leave to amend the warrant, by substituting a newwarrant in which the words, " until sent to the colony of Fiji" were used, instead of the words, " during his Excellency's pleasure." The amendment was allowed but the prisoner's rniinsnl hold that the alteration in no way cured the defect of the commitment. It was n matter of some moment to ascertain whether the Government had any official cognizance of t.he appointment of a High Commissioner for the South Sea Islands and the reply made by the SolicitorGeneral to a telegram asking the question was in the negative. The counsel for the prosecution rested mainly upon the existence of a common-law right in the Crown to exercise jurisdiction ovor the offences of British subjects committed upon oach other wherever the locus hi quo. The prisoner's counsel held that the rintic of the Crown itself in a matter of this kind was derived from the statute. Hia Honor reserved judgment until Wednesday next.