MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 132, 22 September 1876, Page 2

MAGISTRATE'S COURT.

[Before T. ~k. Parker, Esq., R.M.] THIS DAY.

DECISION OH THE E3GRRSSGH | CASE. o The prisoner Morrison was brought up this morning, but before his Worship had proceedecVto deliver judgment, Mr. called the attention of the Bench to what he considered to be an •error in the report of yesterday's proceedings in the North of this morning. In It his Worship was made to sav, in remanding the prisoner, that " he "thought it Would be right for him, under the circum stances, and in consequence''of the serious nature of the charge, to take time to consider." As he (Mr." O'Meagher)-understood his Worship, what 'had been said* was to the effect.that, .although under other circumstances ; he did not consider there was a case 'sufficient' to go to a uuy, yet the serious nature of thcT him to take such, a Counsel pointed out that the misstatement, slight as it would appear, would havfe. a (iSrimentol effect, and he mentioned .the fact, as he thought that anything which would serve to remove that prejudice should be given publicity. His Worship admitted that Mr. O'Meaglier was substentiallv correct in what had been said, but he had no doubt the reporter had been unable to catch correctly. what had fallen from Idm, owing to the distance at which he was from hima| the time. - •; The Bench, after warning the prisongj" ■ th.'it .whatever he might say would be, jised - in evidence against him, was about to commit hiriif for trial, when ■; : f Mr. -O'Meaglier made application that he should be committed for the' Supreme* Court-•♦ Sittings in Dunedin.-.He *spt£ed ; that both the Press and the-public "had formed very decided opinions to the .prisoner's guilt, and although, .hg; did not£*for a moment wish to insinuate tttat a'local jury would be guilty of "wilful injustice, yet first, opinions were very hard' to be Jjanished, 'ami the animus Morrison was both deep and wide-sptead.- : His Worship failed to see the matter in the. same,light sis ill". O'Meagher, and. stated should the prisoner make formal ap'-"" plication':for. 'a change of 'venue it'was .boii!rid-to-be conceded. He thought that.uhlfess'such a course were taken, were he. to" send • prisoner for trial to Dunedin, it; 'wpiU'd be;'a:;slur on the local Court, and. jiu-y. ...... . _ - "Mr. O'Meagher wished it to be distinctly understood*that (Jj.e did" not consider - anyijuryman in the;"\Vliole .district w'bHld be guilty of deliberate* unfairness on the trial of ipY person, but that all jiuymenjbeing • beings J were liabl§" to receive and retain false impressions which .they would find it difficult to eradicate. '§ome men might find it easy, otKers diffiindeed, as it depended greatly "on and temperament of eaeh"< ' ' ' r." ->'• - v~ who reserved Ins defence, was ''then formally committed for trial. _ '' r ."""MrT . O'Meagher asked if the' Bench would allow ~bail"A . His Worship intimated that Court was prepared to take the prisoner's _ own recognizances of .£§& and two. suretieseach in a like xvMjPfvbnt owing to vrhat had taken place was last' at libepfcjtj- care taken. his"bonasmeu Aveve'svibstantial-qjersons. - .

Application was made a,nd granted ior a fraud-sunUnons,- by freorge against Ivf . Mosley, judgi^e^t-;^r.which had been given on the first qf: itugust. \ ' A fc-w other small : the busines&'ftf.' the. Court. . V' i . -