MUNN CASE

Hokitika Guardian, 25 June 1930, Page 6

MUNN CASE

BEFORE ABBEAL COURT,

(J3y Telegraph- Per Press Association.)

WELLINGTON, June 24

The Court of Appeal this afternoon was engaged in hearing the argument ot Counsel on the question of the admissibility of certain evidence that was taken during the Muim murder trial. At the conclusion of the trial Munn was found guilty, and was sentenced to death.

In pursuance of objections taken by his Counsel, a case stated was prepared by Mr Justice Herdman, asking for the opinion of the Court of Appeal on the iollowing questions: (1) Was the evidence or the children properly admitted ? (2) Was a passage in the depositions of Mary Jane Brown properly excluded?

Mr G. Northcroft (for Munn) submitted that the evidence of the children as to Munn’s disposition towards his wife was not of any settled mental state, but merely of Munn’s behaviour under certain conditions. He submitted that the evidence was too remote, in point of time, to be evidence of malice, and was not accompanied by any declarations' which would tend to prove Munn guilty of.murder. The evidence of the children amounted to no more than evidence of a succession of domestic conflicts. If the Crown would have proved cruelty to the wife right up to the time of death, there would have been a logical association with the alleged crime, but where a long period of time intervened there was a distinct lack of association, which rendered the evidence irrelevant.

Mr Fair £for .the Crown) said that evidence of the type admitted had been accepted without objection tor years past in criminal cases in order to establish a motive. The fact that the evidence related to a period at least twelve months prior to the alleged crime did not render it inadmissible, for where it was a fair presumption to be taken that the state of mind of the accused would continue, such evidence was admissible, notwithstanding the lapse of time. The Court, having mentioned that it would indicate to-morrow whether it desired to hear Mr Northcroft on the. admissibility of Airs Browns evidence, then adjourned.

CHIEF JUSTICE’S STATEMENT

WELLINGTON, • June 25.

When the Court of Appeal sat this morning, the Chief justice (Sir M. Myers) stated that the did not desire to hear Mr Northcroft- on the second point of appeal, namely, the question of admissnbility -of Mrs Brown’s evidence. The Court was unanimously of the .opinion that the evidence of the - children was admissable, but as .the’' irfiitter was- of importance, it would put its reasons into writing at a later date.

APPEAL DISMISSED

AUCKLAND, June 25 The Munn appeal was dismissed.