THE PETREL MURDER CASE.

Timaru Herald, Volume XLIII, Issue 3680, 19 July 1886, Page 3

THE PETREL MURDER CASE.

♦ ACQUITTAL OF THE PRIBONEBS. (By Telegraph.) Auckland, July 17. At the close of the evidence m the Petrel case to-day Mr Cotter stated that this was the whole of the evidence for the defence. Ho submitted that there was not a primd facie case of wilful killing against tho captain, and m Bupport of this contention he drew attention to an extract from " Clarke on Extradition," page 199, whioh. his learned friend Mr Campbell had previously quoted. This authority showed that a primd facie case of wilful killing must be made out before an extradition warrant could be granted. The reason why he.had put m " Clarke on Extradition " wqs that the information and Governor's warrant both charged tho prisoners with killing Cooper.' - Mr. OMeagher merely affirmed «s Mr Cotter had done, that a primd facie case had not been made out against the prisoners. His Worship said : — " Edwin Jas. Beid and Charles Henry Foley,— Bomo acts of illtreatment against this man Cooper have undoubtedly been proved against you, that is admitted by your own witness. If I thought there .was any ovidence to, show that these acts bad even m a most remote degree contributed to Cooper's death J woujd have no

hesitation whatever m committing yon to surrender to th« authorities of your own country, but I have come to tbe conclusion that there is no evidence to show that any of these acts against accused conduced to the death of Cooper In other words n pnma facie case has not been made out. Therefore you are discharged. tfoth the captain and mate then left th» court, and wero followed by a large concourse of people who had thronged the court, lhe captain accompanied his solicitor, Mr Cotter, to that gentleman's office, m Sbortland street, while Foley, the first mate, proceeded to the police station along with Mendoza, the second mate, to resume possession of his property. In tbe guard house he threw up his arms m a transport of pleasure, and exclaimed, " Freo again ! Hallelujah ! Glory to God ! as the Salvation people say." He then entered into a brisk conversation with those around him, and received their congratulations with evident satisfaction. On arriving m the United States Beid, Folcy, and Mendoza will make a formal demand to Government for pajmentof the expenses entsilod upon them m Sew Zealand by legal proceedings undertaken against them at the instance of tbe acting-Consul.