COURT OF APPEAL

Dominion, Volume 10, Issue 3056, 17 April 1917, Page 9

COURT OF APPEAL

WANGANUI CASE DISPUTE OVER DAIRY PRODUCE. 'A sitting of the Court of 'Appeal was .held yesterday. The Chief Justice, Sir Robert Stout, presided, and with him on the Bench were Sir John Denniston, Mr. Justice Cooper, and Mr. Justice Chapman. ■ • • Further argument was heard in the case of Good v. Bruce, which had been commenced on Monday, April 2, when Harry Edward Good, of Wanganui, appealed against a decision given in the Supreme Court by Mr. Justice Edwards in favour of "William James Robertson Bruce. In the Supreme Court Bruce, suing on behalf ot himself and all others having the same interest, claimed an account of the proceeds of certain butter and cheese of -which the defendant Good was alleged to have taken possession, and which he was alleged to have sold. Good appealed , on the ground that. Mr. Justice Edwards's decision was erroneous in point of law and in matter of fact. For the-appellant; Sir Francis Bell, K. 0., Mr, G. P. Skerrett, and Mr. 0. H. Isiard' appeared. . The ' respondent was represented by Mr. 0. B. Morison, K.C., and Mr. C. P, .Brown., The Court reserved its decision. A TECHNICAL LAW POINT. A oase reserved by the Chief Justice for the opinion of the Court T/as argued in tho afternoon. In the Supreme Court Thomas. M'Namara was tried upon a charge of attempting "to oommit an unnatural offence ujpon a boy. During the hearing of the case the Crown tendered .a constable as a witness, and the Crown Prosecutor asked if any complaint was made by. the boy on whom the act was alleged to have been attempted, and the nature of the complaint. This ovidenoe was objected to by counsel fo the prisoner, who submitted that such evidence was admissible only in certain cases of aseault on females. The Chief Justice admitted the evidence of the fact that a complaint was mndq, but not the nature of , tho. complaint, but eaid he would reserve the question for the consideration of the Court of Appeal. The 'jury returned a verdict of "Guilty," and" His Honour sentenced the accused to five years' imprisonment and declared: him to be an Raoitual criminal. - f Before the Court of Appeal, Mr. J. W. Salmond, K.C.,. appeared fqr the Crown, and Mr. F. O'Leary for the prisoner. ■-■■••• ' • After hearing argument the Court reserved its decision.