WRIT OF HABEAS CORPUS.

New Zealand Herald, Volume LVII, Issue 17444, 14 April 1920, Page 6

WRIT OF HABEAS CORPUS.

MILITARY ACT CHARGE. MISTAKEN IDENTITY PLEADED. Mistaken identity has been alleged in the case of a man who was arretted on Sunday night, on his arrival from Gisbornc, on a charge of a breach of the Military Service Act. When the arrested man appeared in the Police Court before Mr. J. E. Wilson, S.M., the charge was preferred against him in the name of Cornelius Sullivan. His counsel, Mr. J. J Sullivan, however, stated that his client's name was Patrick William 0 'Sullivan. He wished to go into facte in connection with the matter, but the magistrate ruled that he had no power other than to hand the accused person over to the military authorities. Counsel protesteu that the wrong man was facing the charge, and that lie had a good military record. After argument the Bench ordered the defendant to be handed over to the military authorities, and this was done. The episode had its sequel yesterday morning in the Supreme Court, when, on the application of Mr. B. P. Cahill (Sullivan, CahiU and Townshend), Mr. Justice Sim granted a rule nisi for a writ of habeas corpus calling upon the officer commanding the district to show cause why the order should not be made absolute. The case will be heard at the Supreme Court to-morrow morning.