THE CASE OF THE SCHOONER FALCON.

Westport Times, Volume III, Issue 452, 14 January 1869, Page 3

THE CASE OF THE SCHOONER FALCON.

It will be remembered that, some months ago, the schooner Falcon was taken out of the Grey River in defiance of an injunction of the Court. It was ascertained afterwards that she had proceeded to Auckland, and the circumstances have lately given rise to some litigation there. A correspondent, writing to us from Auckland on the sth instant, says : " Mr Girdwood, from Greymouth, is up here, after Captain Farquhar, of the Falcon. He had a warrant from Judge Clarke of the District Court in Hokitika to apprehend Farquhar for contempt of Court. He seized Farquhar on Saturday last, the 2nd inst., and took him in a cab to Onehunga, to be ready for the Airedale, which was to sail on Sunday. Some of Farquhar's friends rescued him from Girdwood, and now the case is being tried to-day in the Supreme Court, to see if a District Court Judge has power to bring a man from Auckland for contempt. The question is rather a nice one, and will, no doubt, give rise to some further litigation and not a little discussion." In the Southern Cross of the same date, the following notice is taken of the case:— " His Honor the Chief Justice held a sitting in banco at the Supreme Court yesterday, when the writ of habeas corpus issued to the bailiff who arrested Captain Farquhar, commanding him to produce the body of his prisoner, was returnable. As Captain Farquhar was no longer in custody, he did not appear. Mr Gillies appeared for Captain Farquhar; Mr Whitaker for Mr. Girdwood, the bailiff. After some discussion, his Honor enlarged the period for the return of the writ of habeas corpus until to-day, so as to give Mr Whitaker time to make a return, which he had not then had sufficient time to do. We may state that yesterday morning, Captain Farquhar, acting on the advice of his friends, went to the Star Hotel, where Mr Girdwood has been lodging, and offered to surrender himself. Mr Girdwood, as we are informed, quietly slipped out of the way, being apparently undesirous of re-arresting

Captain Farquhar. Subsequently Mr Kichinond, solicitor for Captain Farquhar, accompanied him asfaras Messrs AVhitaker and Russell's office, and there, in the presence of several witnesses, stated that Captain Farquhar was willing to return into custody. Mr Girdwood, we are informed, refused to take Farquhar again into custody, saying he did not want him, or words to that effect. It will be remembered that in the month of November Mr Gillies obtained an order to nullify the proceedings against Mr Mathews in a suit arising out of this matter unless the other side pleaded within one month. The period has now elapsed, but we hear it is the intention of Mr Whitaker to apply for leave to plead, and that the proceedings may be continued."