COURT OF APPEAL.

Taranaki Daily News, Volume LIII, Issue 92, 27 July 1910, Page 5

COURT OF APPEAL.

lA PECULIAR CASE. | By Telegraph.—Press Association. Wellington, Last Night. 1 The Court of Appeal, consisting of the Chief Justice (Sir R. Stout) and Judge* 1 Cooper, Edwards, Williams and Chapman, sat to hear the case The King jr. Gabich. The accused was indicted at tie sittings in Auckland on the charge of ft sexual offence. The evidence relied upon by the Crown was the evidence of the girl against whom the offence was com'liifitted. Since the accused was commit- 1 tied for trial, he had married the glrL , lllne Judge in the lower court had directed the jury to acquit the accused, as 1 the girl objected to give evidence against her husband. The Solicitor-General appealed for the Crown, and Dr. H. Dean Baimford ifor the prisonen The Solicitor-General submitted that the wife was a competent but not a compellable witness. Dr. Bamford was not called upon, the Court holding tlhat the Judge in the Court below was night. . A BANKRUPTCY CONVICTION. In till© case, the King v. Shapiro, the , prisoner was convicted under tike Bankruptcy Act for failing to keep proper books. The prisoner was a foreigner and ignorant of book-keeping and ignorant <£hat he committed the offence. The Chief Justice held in the Supreme Court '. that knowledge was not essential, and if they, ■were satisfied that the books were not kept properly, they should convict. After argument by Mr. Levi, for .the prisoner (Mr. Ostler, for the Crown, was not called), the Court onanhnously decided that the conviction be affirmed.