COURT OF APPEAL CASE.

Dominion, Volume 6, Issue 1816, 31 July 1913, Page 11

COURT OF APPEAL CASE.

PERJUEY CHARGE. AITKEN'S CONVICTION QUASHED. Eeservcd judgment lvas delivered in the Court of Appeal yesterday in the phase of the perjury charge against Samuel Francis Aitken', which was reserved by his Honour tho Chief Justice (Sir Robert Stout). The case had been heard last month, when the Bonch was occupied by the Chief Justice (Sir Robert Stout), 3Ui\ Justice Williams, Mr. Justico l)enniston, ill'. Justice Edwards, Mr. Justice Cooper, and Mr. Justice Chapman. Mr. T. M. Wilford,appeared for-Aitken, while Mr. H. H. Ostler, of tho Crown Law Office, appeared for the Crown. It was stated at the heariug that; tho facts were that Aitken had been found guilty on a chargo of perjury, and that the charge against hint was to the cfi'cct that at tho hearing of nn application mado by him for a certificate which would state that he was lit to hold a publican's license, lie falsely swore that ho vas married; but that the Chief Justico bad reserved for tho Appeal Court's decision tho question of whether tho magistrate who heard the' application under Section 85 of tho Licensing Act acted in a judicial capacity. In the meantime no sentence luul been passed, and Aitken was admitted to bail. The Chief Justice yesterday expressed the opinion that tho conviction was wrong and must bo quashed. Mr. Justico 'Cooper read a judgment on behalf of all tho other members of tho Court agreeing witli the conclusions of the Chief Justice. Tho oonviction was therefore quaslicd.