COURT OF APPEAL.

Taranaki Daily News, Volume LIV, Issue 35, 4 August 1911, Page 5

COURT OF APPEAL.

AN ABORTION CASE. By Telegraph—Press Association. Wellington, Thursday. In the Appeal Court to-day the case the Crown v. Reynolds and Peterson lu being heard. This is a case reserved by Sir Robert Stout from the Supreme Court in Wellington. Prisoners are chargedwith procuring abortion, and application was made to have thram tried separately upon the ground that they will be prejudiced in their defences* This was refused by Sir Robert Stout, who subsequently directed for an acquittal on the ground that the girl's evidence, uncorroborated, was insufficient. The questions for the Appeal Court were: Was His Honor-right in refusing an application for the severance of the charges and in holding there was -not sufficient corroboration of the girl's stoi> and in directing the jury fco acquit? ■ *

Mr. Neave appeared for the Crown, Mr. Gray for Reynolds, and Mr. Herdman for Peterson. i

Mr. Neave contended that the jury were entitled to convict if they thought the girl s story true, after hairing been warned' by the judge as to the unreliability of an accomplice's evidence. He further contended there was- corroborative evidence of independent witnesses.

Wellington, Last Night. In the case, the Crown v. Reynolds and Peterson, Mr. Gray, for Reynolds, submited thai it was the duty of the presiding judge to advise the jury to acquit the prisoner in the absence of corroborative evidence. This was substantially what was done. Even if the judge actually did direct the acquittal then, looking at the evidence, there had been no substantial miscarriage of justice, aad a new trial should not be ordered. He also submitted that the prisoners should be tried separately, as their joint trial might be prejudicial to them. Mr. Herdman accepted Mr. Gray's argument, and did not address the court. Mr. Weave briefly replied. The court reserved its decision.

THE CASHEL STREET CASE. The Chief Justice delivered the following Judgment in Bex v. Sadler, flte Uhrratchurch unansilaughter case: "The court is of opinion that the evidence adduced in this case v»as insufficient to warrant, the jury in finding a verdict of manslaughter, and the conviction is therefore quashed. As there is another person to be tried for the same offence the court considers it expedient to defer stating reasons for its decision until the trial referred to is ended."