A QUASHED CONVICTION.

New Zealand Herald, Volume XXXIX, Issue 11873, 27 January 1902, Page 3

A QUASHED CONVICTION.

APPLICATION FOR REHEARING. At the Supremo Court on Saturday morn, | |p ing, before Mr. Justice Conolly, an applica- , | tion was made by Mr. J. R. Reed for a rule absolute for a writ of habeas corpus, iu re- " - \a spect of Charles Reid, against whom a conviction of six months' imprisonment, recorded by Messrs. R. F. Webster and John Cauless, •v < JiP.'s, was quashed, by His-Honor at a .• • sitting in banco held 011 Friday last, on the ; v. grounds that the conviction was bad at law, and that the justices had 110 jurisdiction in ! the case. I Mr. Tole said he appeared for the informant, and had been placed in an anomalous ;' position. He had been . instructed to appear for. the informant, but had not received any intimation of the.date on which the ap- ; plication was to .be heard.';' The motion ■ ~ paper stated that it would be heard 011 the 't 22nd iust., but that day was a Court holi- ; day, and he had received 110 further notice of the hearing.:- The first lie knew of the case was ; through, reading .the report of. the proceedings in the daily papers. -'0 ; . . : Vv ' V: His Honor pointed out that.- the informant had received notice of the date of hearing.. ■; Mr. Tole said neither ; the inspector of police nor himself had received the notice. The decision of the - Court on . the question was an important matter," and affected the : ' whole course of justice. It depended on His Honor whether the. conviction were irrevocably quashed, or whether argument I 'could ' ' be heard on the other side. He ; had been ■ instructed to appear, but had not beeu notified that the case was to be taken on Fri- . day. • ■ - * ■' , _ . His Honor said the case ■ must be reargued, as Mr. .Tole had received no intimation of the hearing. Mr. Reed considered that the omission was one of pure negligence. ' The notice of ■' motion to quash the conviction on the 22nd . inst., had been duly sent ; on the 17th inst. Another note had been forwarded on Saturday last, and would be received on the fol- ' $»} lowing; Monday evening. He objected, to : ' the. case being reopened. • . - His Honor said he must order the case to be reargued, and fixed Tuesday next-, at ten a.m., for the purpose. -.