APPEAL COURT.

Taranaki Daily News, Volume LII, Issue 358, 8 April 1910, Page 5

APPEAL COURT.

THE ALLEGED TRESPASS CASE.

LEGAL QUIBBLES,

By Telpgraph.—Press; Association. Wellington, bast Xight. In the Court of Appeal this morning Argument in the case of Watt and others v. Wilson and others was continued, Mr. Maekay contending that dedication of right of way must he nresumed to have taken place from 'long-continued use be. jfore the grant of thHand to the Superintendent of the Wellington Province, or at any rate before the ie:isp of the trustees of the Wanganui Jockev Club. After hearing Mr. C. P. Skerrett, K.G, in reply, the Court reserved judgment.

THE KING v. HARE,

DECISION UPHELD,

Wellington, Last Night. . The Court of Appeal heard the case of .the King v. Hare, reserved by Mr. Justice Cooper for the opinion of the Court of Appeal under section 442 of the Crimes Act, 1908. In this case the priI seiner found an unposted letter, and upon reading is discovered that it contained a statement which he considered reflected on the character of a person to whom it was addressed. Instead of posting the letter he wrote to the person to whom it was addressed, stating lie would give up the letter on payment of a sum of moneT. He was indicted for the theft of the letter, also with demanding .money by threats, and was found guilty. ■The Judge who tried the case reserved fthe following questions for the Conrt of Appeal:— (1) Was there evidence to go to a jury upon which they could properly convict of theft?

(2) Was there evidence upon which they could convict him for demanding money through threats? Dr. H. Dean Bamford. of Auckland. appeared for the prisoner, and Mr. Myers for the Crown. After hearing argument the Court was unanimously of the opinion that therp was evidence to go to a uin- both on the noint that the nrisoner had been ,miiltv of theft and that he had en•,dp"vnred to evtort monev bv menaces. The conviction was affirmed.