SUPREME COURT.

Wellington Independent, Volume XXVIII, Issue 3903, 17 September 1873, Page 2

SUPREME COURT.

Tuesday, September 16th. (Before his Honor Mr Justice Johnston.)* THB WILLIAM TAPSCOTT PEISONBBB. Upon Mr Tracers rising to more for' the formal release of the prisoners, His Honor said : In view of fcba novelty,, importance, and- difficulty of t^e question* . that have been raised, and may yet be raised, in this case, 1 desire exceedingly, if suoh a thing were possible, tbyit the case should be beard by a full Court, or, at .all events, by more Justices than one; bat inasmuch as a a full Court cannot sit for a couple of months, and as I was given to understand in chamber* by Mr Travers, on behalf of the prisoners,, that he could not accede t:> a delay so long at;that, I have done my best to get the auis> tanoe of other members of the Be.noh j and T am happy to find that Justice Kiohmond will be able to come here, by the Taranaki, whioh is expected on Thursday. Therefore, if Mr Travers sees no objection to the delay, I pro pose to adjourn the hearing of the motion for the discharge of the prisoners till Friday next. Mr Travers: I quite agree with your Honor. His Honor : In the Supreme Courts both of the -United States and of Great Britain, there have been great differences of opinion among the Judges. I think that in the Supreme Court of the United States, on one occasion, there were four judges took one v jo w, three took another, and a single one stood by himself. In England, also, as you are aware, three puisne judges of the Court of Queen* Bench were opposed to the Chief Justice. Still, I have no desire to evade my duty if the prisoners insist upon going on. The returns to the writs were then read by the Begistrar. Some disousaion having taken place as to whether the prisoners ehould be formally re* manded, Mr Izard quoted Paj ton's case in Bacon's Abridgment on the question ql w« mand under a writ of habeas corpus. ',"' The prisoners were then .remanded till 11 v o'clock on Friday morning. . . ; - - BBOWK T. SHABP. Mr Izard moved for decree in this owe,, plaintiff being the Curator of Intestate Estates, and Captain Sharp defendant, who wat . represented by Mr Quiok. The decree 'was granted, the taxed costs o£* . both parties to be paid out of the estate.*