THE EDWARDS' CASE.

New Zealand Herald, Volume XXX, Issue 9186, 28 April 1893, Page 5

THE EDWARDS' CASE.

ARGUMENT IN THE COURT OF

APPEAL.

' [IJY TKLBOKAPH.— PRESS ASSOCIATION.] ! Wellington, Thursday. The case in ro Aldridge was argued in the Court of Appeal this morning. This is a case in which the application is made for a writ of hafjeas corpus to discharge from custody one Aldridge, convicted of felony before Mr. Justico Edwards, when sitting as a Judge of the Supreme Court, at Blenheim, and by him sentenced to five years' penal servitude. The application is made on the grounds that Mr. Edwards, not having been duly appointed, the proceedings were void. Mr. Vogel appeared for Aldridge, and Mr. Gully for tho Crown. Mr. Vogol admitted that if Mr. Edwards were a Judge tie facto, though not de jure, his acts as a judge were valid, but contended that he was no* oven a judge de facto, there having been no vacant office for hint to fill, and no power to create a new office. It was a case of mere informality in an appointment to an existing office. Mr. Gully contended that this was immaterial, Mr. Edwards having received an appointment, and bona jide acted upon it, and not being a more usurper. Ho contended also that there was an existing office, though it was a condition precedent to its being filled that tho salary should be voted. A point was also raised that the validity of the appointment of a judge could not bo inquired into on habeas corpus. Tho Court reserved judgment. ,