COURT OF APPEAL

Dominion, Volume 9, Issue 2624, 20 November 1915, Page 3

COURT OF APPEAL

SEVERAL RESERVED JUDGMENTS

. Several reserved judgments were delivered by the Court of Appeal yesterday: morning, when His Bonour the Chief Justice (Sir .Robert Stout) presided. The first judgment was that .in the case of Rex 'v. Peter Francis Rogau, a special case stated by His Honour Mr. Justice Chapman for the opinion of the Court as to whether certain had been - rightly admitted at a criminal trial and as to whether separate trials had been rightly 'refused for different charges against tho' prisoner. Rogan had been an attendant at the Stoke Orphanage, and had some months ago been sentenced to (ten years' imprisonment ior indecently assaulting inmates of the institution. The points of law connected, with his trial were argued before both divisions of the Court of Appeal, which decided, by a majority:that.the conviction of- Rogan Elionld be affirmed. The Soli-citor-General (Mr. J.' W. Saimund, K.C.)' appeared at tho'hearing for tho Crown, wliilo Mr. -T. B. Callan, of Dunedin, appeared , for Rogau.

AN APPEAL UPHELD. Judgment- was also-given in the a|>peal case,' Wellington City Council, appellants, and Richardson, M'Cabs, and Co., respondents. At . the-hearing, Mr. A. Gray,_K.C., with,him Mr. J. O'Sbea, City Solicitor, appeared for the Corporation, while Mr. C. P. Sktrret't, K.C.; with him Mr. 'I'. Young, appeared tor the respondent company.. The facts of the case are..'well known.; Richardson, M'Cabe, and Co., Ltd., had contracted to supply three motor-buses to tho Corporation for £39-15, and the Corporation repudiated the contraction the ground of misrepresentation. Preliminary . points ■of law in the. case brought by the firm against the- Corporation,, questioning the validity of the contract, were recently argued before His Honour the Chief Justice (Sir Robert Stout), whose judgment was against the Corporation!, Against that judgment the Corporation appealed, and the,appeal wa6 upheld' with costs on' the-highest scale. v , ■ ;

v TRUST DECLARED VOID. ■ ' Another reserved judgment dealt with iber case of John Vigor Brown and others ,v. Diana Eden Knowles and others. This was an; originating, sum- , mons removed from the Supreme Court' at Napier for argument in tha Court of Appeal. It concerned the will of the-late Edward William Knowles, of Napier, the plaintiffs being the trustees and the defendants, the next-of-kin of: deceased;: At the hearing • Mr. 0. P. Skerrett, K.C.ywith him Mr: S. A. Atkinson, appeared, for the. trustees, while Sir Francis Bell, :K.G'., with him Mr. P S. M'Lean, of Napier, appeared for tho next-of-kin. 'Die Solicitor-General (Mr. J. W. Salmond, K.C.) represented . the Attorney-General. The "Court was asked: to decide the validity or otherwise of' the testator's declaration that the "residue of the residuary trust fvmds" should bo lield by the trustees in'trust for such charitable, benevolent, educational, and .religious; objects as they shall select. The judgment of tho Court declared the trust ;-to be void and 'ordered that the costs of all parties should bei) paid out of the estate; Notioo of appeal to the Privy Council was given by the Solicitoi^General.