COURT OF APPEAL.

Gisborne Times, Volume X, Issue 947, 21 July 1903, Page 3

COURT OF APPEAL.

THE GISBORNE CASE. Per Press Association* ■Wellington, last night. The Appeal Court unanimously dismissed the appeal in the case of Bitehie v. Hall. Ia this case appellant was m tne employ of respondent, who carries on business as a painter and plumber, and was absent through sickness for a period of nine months, when he was in the hospital at Gisborne and afterwards at Rotorua and in Wellington. He claimed wages from respondent for the period mentioned. Judge Conolly disallowed the claim. The Court of Appeal were unanimously ot opinion that the evidence justified the Court below in coming to its conclusion fronfthe conduct of both parties that the contraot' of employment- had been impliedly terminated consent as from the date) when' appellant ceased to work. The appeal was therefore dismissed, with coats on'the lowoßt scale. In the Appeal Court the conviction was quashed in the case of Rex v. Gray. In this oaso aeoased was oharged with having attempted to dissuade a witness from giving evidence in the previous criminal proceedings. The Chief Justice directed the jury,' if they thought accused had attempted to dissuade the witness in question from giviDg such' evidence as would Jead to' a conviction, then they should oonviot. The jury found accused guilty, and the Chief Justico reserved the case for tho consideration .of the Court of Appeal. The Chief Justice has now delivered the judgment of the Court quashing the conviction on the ground that sub-section 1, •of seetion 121 ’of the Criminal Code Act, • 1898, applies to whore accused has persuaded or attempted to persuade a witness ao t 'o attend for the purpose of giving •evidence or to stand mute. The case was one of attempting to pervert the course of nustice within the moaning of sub-section 4 of seetion 121, but a conviction under sub-section 1 of the same section could not stand. The conviction was therefore : . the case of Rex v. Stanley, accused was eouvicted of incest with the adopted - laughter of his wife, and the point was thether adoption.,created the crime o ... ;„oeßt. The Appoa . Court confirmed the conviction, holding ‘that tho Adoption and Children Act creates the relationship of parent and child fori all purposes, Civil and of Bek v. Badger is argued in the Court of APP eal to day. This is a-case in Which accused, who is a Christchurch solicitor, was mdiotod for 523 libel on another solicitor preensTng in Christchurch!, He was convicted mi the first count ofi±ho indiptmont. Co.tain points wore, howovor, reaervod by * ~ Tud-o Williams /or.consideratiou ot tho Court of Appeal, at&e request of counsel • f° accused. Mr Jollieoo is appearing for ' iccS and Mr Russell for the Crown.