DISMISSED.

Timaru Herald, Volume CXXIII, 21 January 1926, Page 7

DISMISSED.

BUT NOT ACQUITTED. B 7 T.leitraph- -Prom AnocUttoo. HAMILTON, January 20. A curious position arouse at the Hamilton Magistrate’s Court to-day. A young man named Roy Charles Dorn was last week remanded to appear to-day on a charge of attempting to murder Muriel Fetzlaff. As the police were not ready to proceed with the preliminary hearing, owing to the girl still being in a critical condition, it was considered expedient that Dorn should be brought before the Auckland Court, where a fourth remand was to be asked for, but as ho had been remanded to appear at Hamilton also, it was necessary to ask for a remand in the local Court. When this remand was applied for to-day, Mr Wyvern Wilson, S.M., said that unless the man was before him he could not deal with him. Senior-Sergeant Sweenoy said the polico considered that by causing accused to appear before the Auckland Court the trouble and expense of bring Dorn to Hamilton would be avoided. His Worship asked to see the information. Detective Sweeney thought this was at Ngaruawohia where accused ( was first charged, and where ultimately the case would probably hftve to be heard. His Worship said that as accused was not present, and the information was not produced, the case must end there so far as ho was concerned. He therefore dismissed the charge for want of prosecution. Dorn’s position is not affected by the dismissal, as ho would appear before the Auckland Court to-day on the same charge, where a remand applied for doubtless would be granted. In any case, it would be quite competent for the police, were Dorn’s release ordered, to re-arrest him for the same offence, as dismissal _ for want of prosecution was not equivalent to acquittal, which in an indictablo offence can only bo made by a jury.