COURT OF APPEAL.

Hokitika Guardian, 28 May 1923, Page 3

COURT OF APPEAL.

• HEARING COOPER’S APPEAL. [by telegraph —run press association.] “WELLINGTON. Alay 28. The Court of Appeal this morning heard argument in the matter of the application by Daniel Richard Cooper for leave to appeal to the Court of Appeal against his conviction for murder. At Cooper’s trial his counsel (Air Treadwell) asked Justice Chapman to reserve for the opinion of the Appeal Court the- following questions:-. (1) Tho point as to the admissibility against Cooper of evidence relating to the disappearance of any other child than ALT.cud's child, the one for the murder of whom he. was indicted. (2) As to whether Cooper and his wife should not have been tried separately.

Justice Chapman, how ever, cel used to reserve these* questions, admitted the evidence objected to. and refused a separate trial. The motion for leave to appeal to the Court- of Appeal was therefore filed this morning before I lie Court ol Appeal. Mr C. A. L. Treadwell miff frith him Mr Haims, appeared in support of the motion while Air W. C. Alacgrognr, K.C. Solicitor-General, and with him Air Maeassey for the Crown, opposed. On tho bench, were His Honour, Sir Robert Stout. Justice Husking and ■Justice Salmon,!.

Air Treadwell for Cooper said he did intend to argue the question of a separate- trial. As to the admissibility of evidence lie submitted the evidence objected to was not admissible cn tho grounds that there was no primn facie ease of murder by Cooper or either of them, at tlio time when such evidence was tendered by the Crown. Justice Snlmond—-You say that such evidence is not admissible unless there is sufficient evidence to convict without it. Afr Treadwell- Yes.

.Sir Robert Stout.—Thou it would be useless admitting such evidence at all. Ah' Treadwell, eon tinning his argument. said unless the corpus delicti was established there was no ease to go to a jury

Justice Salinond—-What is “'Corpus Delicti” ? Apparently it. is the offence in itself, independently of tho question of who committed it. Air Treadwell. —Acs. Argument, is proceeding. Air Treadwell, in continuation of his argument, dealt with legal authorities, which lie contended supported his propositions. There was, he said, no e\ idcnce at the time the evidence- objected to was tendered, that Afel.eod s child was dead, much less murdered. The identity rf the body found was not proved. It was only after the facts of tin* murder had been established that the evidence as to tfie other bodies being found could be adduced for the purpose of proving that the accused was the culprit.

Justice Salmoml—“Alust there be a prinia facie case of felonious intent foi evidence to be admitted. AL- Treadwell —“There must be proof of murder.” Justice Salmond —“You \;ay that tho evidence is only admissible to confirm a prinia facie ease of felonious intent in a case which is ready to go to the jury.” Afr Treadwell —"Yes.” Justice Salmond —“Afust there be aprinia facie ease on which the accused could ho convicted.” Ah- Treadwell contended further that tlie Crown could not call evidence of similar but- unconnected facts to prove the main fact on which the Crown relied. Evidence as to Afiss Cornick s child was, lie said, inadmissible in that ii did not tend to prove the intention to commit murder. Argument is proceeding.