AN IMPORTANT CASE.

Wairarapa Age, Volume XXXII, Issue 10305, 4 August 1911, Page 5

AN IMPORTANT CASE.

BEFORE THE APPEAL

COURT.

By Telegraph — Press Association

Last Night. In the Appeal Court ftp-day, the caise Grown v. Reynolds and Peterson was heard. This was a ca.se reserved by Siir Robert Stout from the Supreme Court in Wellington. The prisoners, were charged with procuring abortion, and application was made to have tlhem tried separately upon the ground that they would be prejudiced in. their defend©. This was refused iby Sir Robert Stout, who subsequently directed their ac- ' quittal on xhe ground that tho girl's I evidence, uncorroborated, was insufficient. The questions for the Appeal Court were, was His Honor right in. refusing the application for the severance, in holding that there was not sufficient corroboration of the girl's story, and in directing the jury to acquit. MSr Neave appeared for the.-Grown,-Mr Gray for Reynolds, and Ma- Herdman for Peter--1 son. Mr Noa-vo contended that the jury was entitled to convict if it ■'thought ( the girl's story alone was true, after being warned, by the Judge as to theunreliability of an accomplice's evidence. He further contended that there was no corroborative evidence of independent witnesses. Mr Gray, for Reynolds, submitted that it was the duty of the presiding Judge to advise the jury to acquit j the prisoners in the absence, of cor- ; rpborative evidence.' Tins, '^anrtwliy'what I Judge actually did direct, their ac- ! quittal. There, had been no subwbanjtial miscarriage of justice, and a I new trial should not be ordered. He f also .Aa*; the :;pHsoneri* I should be tried separately, as their joint trial might be prejudicial to them. Mr Herdman accepted Mr. Gray'* argument, and did not address the Court. i Mr Neavo "briefly replied, and the Court reserved its decision.