THE MURDER OF CAPTAIN MOLLER.

New Zealand Herald, Volume XVI, Issue 5398, 6 March 1879, Page 2

THE MURDER OF CAPTAIN MOLLER.

The Fiji Times of the 15fch February comments pretty strongly upon what Mr. Ju3tice Gillies described as " a failure of justice/' the liberation of Thomas Rennell, who was in custody here on the charge of murdering Captain Moller on the island of ButaritarC one of the Gilbert or Kingsmill Group. After stating the case, and the outlines of the evidence taken at the Auckland Police Court, the Times says Reference was made to the Imperial Statute which provides that her Majesty may, by Order-in-Council, direct that the Civil, Criminal, and Admiralty Jurisdiction over British subjects within any islands and places in the Pacific Ocean, not being within her Majesty's nor within the jurisdiction of any civilised Power, shall be vested in, and may be exercised by, the Court of any British colony designated in such order. But here, it appears, the case broke down. The Judge had not been shewn, nor apparently in any way made aware, that any such Order-in-Counr had been made, as ia necessary to vesting the powers above-mentioned, or conferring jurisdiction to the Courts in Fiji. . . . ® The Order -in - Council referred to "was dated 13th August, 1577, and, by proclamation under the hand of the Governor of Fiji, commenced and took effect from tha 4th February, 187S, rather more than twelve months back. It is to bs supposed that no long time will elapse before it will be discovered to "whom this miscarriage of justice is to be charged. No Order-in-Gouncil, such a* that which has been published here, is confided in its circulation or despatch merely to the colony which is to give effect thereto. Affecting, as it so closely does, the whole of the Australasian colonies and the islands with which they are in such frequent intercommunication; and granting special powers with respect treatment of offences which, for want of such an order, have for so long and so frequently gone unpunished— to the disastrous fate and untimely death of many innocent and most worthy men —there can be little doubt that special directions were given thav the fact of the Order-in-Council having been made, should be made known to those so thoroughly interested therein. That such, neglect shall have been manifested as to have compelled the Judge to have come to the conclusion that he could not legally authorise the detention of the person accused, reflects so seriously, either upon some individual or department, as at least to bear with it the consolatory assurance thai so gross an error will not be likely to again occur. The Order-in-Council, while enacting that the Chief Justice of Fiji, and every other Judge, for the time being, of the Supreme Court, shall be, by virtue of his office, a Judicial Commissioner for the Western Pacific, also provides that there shall be Deputies of the High Commissioner. These Deputies are to be members of the High Commissioner's Court, and may be authorised, by the terms of their appointment, to act for, and in respect of, any district wherein the High Commissioner's jurisdiction exEends. The islands and place 3 in the Western Pacific Ocean to which the Order extends aro, as enumerated therein, those which have no recognised Government, and * all other islands in the Western Pacific Ocean, not being within the limits of the colonies of Fiji, Queensland, or New South Wales, and not being within the jurisdiction of any civilised Power/ Neither Victoria, South Australia, New Zealand, nor Western Australia are specially mentioned in the Order. But as the whole or any part of the jurisdiction and authority of the High Commissioner's Court may be exercised by a Deputy-Commissioner, ' being authorised by the terms of his appointment to act for and in respect of that district or part,' and being within the same, and as the appointment of those Deputy-Commissioners is to be made 'in the name and on behalf on Her Majesty, by the High Commissioner, by writing under his hand and official seal,* it would almost seem as if, at least, a portion of the blame for this miscarriage of justice may be tracsd to the fact that Arthur Gordon has not deemed it necessary to exercise so much of the functions of High Commissioner as the Order allowed him, and has therefore not made any appointments of Deputy Commissioners except in one of two places, such as Samoa and Tonga, where no other jurisdiction exists. It certainly appears as though the remedy were in his hands." The Fiji papers seem to anticipate the possibility of Reuuell being yet brought to justice. The Fiji Times says :— 41 It is, we believe, in the power of the High Commissioner to have Rennell re-arrested and brought here for trial; but, no doubt, ere the necessary authority to do so can be forwarded to Auckland, Rennell will have made good his escape—for a time anyhow.