THE CORE SLY-CROC CASE.

Gisborne Times, Volume XXVII, Issue 2693, 24 December 1909, Page 5

THE CORE SLY-CROC CASE.

HABEAS CORPUS APPLIED FOR

rPnn Press Association.! DUNEDIN, Dec. 23. An application for a writ of habeas corpus to the gaoler at Invercargill to show cause why C. J. Thurston should not be discharged from custody, was heard to-day before Sir. Justice Williams. Thurston was convicted at Gore for keeping liquor for sale, and was sentenced to three months’ imprisonment on the strength of previous convictions. Mr. Hanlon, in support of the motion, contended that the warrant or order of detention was invalid and made without jurisdiction. Thurst-on pleaded guilty, and Inspector Mitchell wanted to prove previous convictions, and called the Clerk of the Court to produce the criminal record book, but did not put him on oath. The book was handed to tlie magistrate, who asked if Thurston admitted the previous conviction. The reply was £ ‘No." Then the Magistrate asked if he admitted being the same person, and the reply was, “I don’t know.” Mr. Hanlon was asked if he denied, and he replied that he neither admitted nor denied. Counsel proceeded to contend that the Magistrate should 1 have proved the previous conviction in the ordinary way in the manner provided by law. This was not done,, and it was never proved that Thurston was convicted of the previous offence. After Mr J. F. M. Fraser had replied, the Judge said he would give his decision in a day or two.