APPEAL COURT.

Wairarapa Age, Volume XXX, Issue 8401, 16 April 1907, Page 5

APPEAL COURT.

By Telegraph—Press Association

WELLINGTON, April 15. The Appeal Court, to-day, took the case of the King v. James Nosworthy. The latter was a herbalist, of Wanganui, who was convicted of supplying an instrument for an unlawful purpose. The conviction was appealed against on the ground that the evidence of sales of similar instruments was improperly admitted and that there was really no charge against him. The facts were that a constable went to Nosworthy and made a purchase for the purpose of getting a case against him. It was therefore contended that there was no offence, because there was no one on whom the instrument could be used and no intention to use it. It was also contended that there was no attempt to commit a crime.' Judge Chapman declined to withdraw the case from a jury, and against their conviction the prisoner now appealed. Mr Myers appeared for the Crown, and Mr Treadwell for the prisoner. Mr Treadwell argued on the lines indicated above, but abandoned the contention that the evidence of sales was wrongly admitted. Without calling on Mr Myers, the Court held that the word "knowing" in the criminal code meant "believing," as decided in the English case of Regina v. Halloranv and consequently it did not matter whether there was a woman in the case or not. The conviction was therefore affirmed.