THE PETREL CASE.

New Zealand Mail, Issue 751, 23 July 1886, Page 14

THE PETREL CASE.

(united press association.)

Auckland, July 17. At the close of the evidence iu the Petrel case to-day, Mr Cotter submitted that there was not a prima facie ca-e of wilful killing against the captain, and in support of this contention he drew attention t> an extract from Clark, “ On Extradition ” (p. 193), which his learned friend, Mr Campbell, had previously quoted. This authority showed that a prima facie case of wilful killing must be made out before an extradition warrant could be granted. The reason why he had put in Clark “ On Extradition” was that the information and Governor’s warrant both charged the prisoners with killing the e >oper. Mr O’Meagher merely affirmed, as Mr Cotter had done, that a prima facie case had not been made out against the prisoners. His Worship said to defendants, “ James Read and Charles Henry Foley, some acts of ill treatment against this co >per have undoubtedly been proved against you. That is admitted by your own witness. If I thought there was any evidence to show that these acta had even iu tbe most remote degree contributed to the cooper’s death I would have no hesitation whatever in committing you for surrender to the authorities of your own C mutry, but I have come to the conclusion that there is no evidence to Bhow that any of these acts led to the death of the cooper. In other words, a prima facie case has not been made out. Therefore, you are discharged.” Both the captain and mate then left the Court, and were followed by a large concourse of people. The captain accompanied his solicitor (Mr Cotter; to that gentleman’s office in Shortland-street, while Foley, the first mate, proceeded to the police station along with Mendoza, the second mate, to resume possession of his property. In the guardhouse he threw up his arms in a transport of pleasure, and exclaimed, “ Free again ! Hallelujah ! Glory to God, ae Salvation people say,” He then entered into a brisk conversation with those around him, and received their congratulations with evident satisfaction.

On arriving in the United, States Xeid, Foley, and Mendoza will make a formal demand to the Government for payment of the expenses entailed upon them in New Zealand by legal proceedings undertaken against them at the instance or the American Consul.