THE ONGAROTO MURDER.

Taranaki Daily News, 26 September 1921, Page 7

THE ONGAROTO MURDER.

APPEAL DISMISSED. By Telegraph.—Press Association. Wellington, Sept. 24. The Appeal Court dismissed the motion for leave to appeal against the sentence of death on Te Kahu, convicted of the Ongaroto murder. Mr. Hampson appeared for the prisoner, and the Hon. W. McGregor, K.C., Soli-citor-General, for the Crown. Mr. Hampson relied on three contentions: What waa the effect of the misdirection to the second jury? What rights accrued to accused as a result of that misdirection? And what was the effect of misdirection on the third jury? He maintained there had been misdirection at the second trial, which had gone before the public through *bhe Press, and must have affected the third trial.. Judge Sim asked what question of law was raised on the third trial which should have been reserved, and, on Mr. Hampson stating that it was matter raised in the second trial that affected the third, replied that it was a most fantastic question of law. The Court did not call on Mr. McGregor, but dismissed the application at once, stating that a written judgment would be delivered later bn. The written judgment of the court says:—“We are satisfied that the answer given by the learned judge at the second trial did not amount to comment within the meaning of Section 245 of the Crimes Act. The question submitted to the jury does not refer specifically to evidence by accused himself, but to evidence of any persons who might be called to support suggestions made by counsel as to money in possession of accused. The answer given by the learned judge deals with that subject, and carefully avoids any reference to any evidence which might have been given by prisoner himself. The comment prohibited is specific reference to an act of accused which, has not been given in evidence. It is desirable to add that improper comment, on a trial which results in disagreement cannot be treated as raising a question of law on a subsequent trial. The application is therefore dismissed.”