The Birkenhead News and Wirral General Advertiser. — 1902-11-19 (Birkenhead, Merseyside, England)

KEEVER DISCHARGED AND RE LATEST ASPECT OP THE LEGAL  MUDDLE.  On Saturday morning, before Mr. T. L. Dodds. at the Borough Polioe Cont, John 3(climrtr. Wed 19. was charged with the wilful murder of John Selma, and also with hating feloniously wounded him. Mr. F. E. Smith appeared for the Treasury, Mr. John °than represented the Protestant Society, and Mr. Lynakey defended.  Smith it was not proposed, aa be rather indicated at the last hearing might be the case, to proceed further in that wart with the charges against McKeever. Be wanted to add one word on behalf of the Treasury as to the reasons which had led sir= to that decision. He oely desired to add that word of explanation, bemuse their attitude had been made the subject of considerable, and rather ill-inforined,comment. The only object the Treasury had in view as that the trial might be expedited by about three months. It had been \the view throughout the country, and it was a view which was certainly growing in intensity, that prisoners ought not to be detained in prison for a longer period than was necessity. That was the only view which the Treasury took. There was the committal Iron the coroner to the Liverpool Awn... 4 Be (tiounael) thought he ought just to gay one word ae to the view wheoh had been taken in Liverpool. One gentleiman appeared to think that he should-not be bothered with the case, and another Liverpool official appeared to thing that it was a hardship for the Liverpool rates to beatifecbed by it. He need hardly say that neither of those considerations had any weight with the Treasury, with whom the only considers.tioa had been the one he had indicated. That being the view the prosecution took, iormally withdrew the charges sigainet McKeever so far as that court and their jurisdiction were concerned. The Clerk: With a view of proceeding with it elsewhere? Mr. Smith:, Yes, quite so. Lynskey: I ask, then, your worship, that he may be discharged. Of course, it is not for me to direct in any way the course the prosecution may take. Mr. Smith: There we are agreed. • Lynskey: But if the charges are withdrawn, then I am finished here, but instead of marking the charge-sheet "Withdrawn," ask you to mark it "Discharged." because sndinee has been given, and that being so, am entitled to a discharge. Mr. Smith: It can be marked "Discharged on the vitirdrawal of charges." I bare no objection whenever to an endorsement in those terms. • Lynekey: That will .it me. The Clerk: You see the magistrate is not gating as a judge. Mr. Smith: Quite so. It is not a judicial discharge. Mr. Lynekey: Very good; that will meet gay vier. Mr. Smith: This court is simply. for the purpose of taking depositions; it is not a judicial discharge. The Magistrate (to the prisoner): Prisoner, you are discharged in consequence of the withdrawal of the charge against you. It will be proceeded with elsewhere. I think that 'will be sufficient. Mr. Smith: That is all; the coroner's warrant is in court. Mr. Lynskey: I ask your worship to mark the sheet as discharged upon withdrawal, because I may have ecrmething to say about the proceedings elsewhere. I ask that the prisoner should be discharged. If you have a warrant you can arrest him, but the polio° can't keep him here. Mr. Smith: I will take the responsibility of that, Mr. Lynskey. • Lynskey: Yes; but I can't sue you. Mr. Smith: You can sue the warder. Mr. Smith then said that through the thoughtfulness of Mr. Copeland, the clerk, a number of photographs had been taken, which would have been exceedingly useful if they had proceeded with the ease there, end which would be useful to them now. He asked the magistrate to make an order that the photographs might be given to him for subsequent use. Mr. Lynskey: You will no doubt supply me with copies. Mr. Smith assured Mr. Lynakey that his wishes in that respect would be met; and this concluded the proceedings.