The Argus at KellyGang 26/2/1879

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At the police court to day, before Mr. Foster, PM, Thomas Lloyd was first arraigned

Superintendent Furnell asked for the prisoner's discharge

Mr Bowman said this was a grand end to a grand fiasco. He had objected

Mr Foster-Pardon me, are you objecting to the discharge of your client.

Mr Bowman sat down, and accused was discharged

John M'Monigal, Michael Haney, and John M'Elroy, were brought up and discharged on the application of the police

Mr Furnell stated that one of the men, Joseph Ryan, had broken his leg, and he intended to ask for his discharge. Perhaps the police magistrate would visit him in gaol Mr Foster assented, and subsequently went to the gaol and formally discharged Ryan, who was removed to the hospital.

James Quinn was then brought forward, and a remand asked for.

Mr Foster asked on what grounds.  

Mr Purnell said, on account of the scare, he was unable to bring forward witnesses, who were afraid to appear.

Mr Zincke desired to call the attention of the Bench to the fact that the man had already been remanded eight times, and nothing had been advanced against him save the statements made in that court, but no particle of evidence had been brought forward. He would also call attention to the fact that, if the Bench persisted in remanding any man from time to time without reasonable cause and without evidence being advanced, they were liable to an action for damages. In proof of this he would refer to the case of Davis v. Cappa, which clearly showed that without evidence it was not within the jurisdiction of a magistrate to remand. Besides was it reasonable to ask for a remand under the circumstances, when he intended to apply for a habeas to test the case in a higher court. ' He had been refused a sight of the informations, and was told he could not go behind the remand warrant, but it had been proved by Mr Justice Barry that he could.


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