THE SUGAR CASE.

Wairarapa Age, Volume XXV, Issue 10713, 23 April 1913, Page 5

THE SUGAR CASE.

ARGUMENT ON APPEAL. (By Telearaph. — Press A ssociation.) WELLINGTON, Last Night. In the Appeal Court, argument in the sugar case was continued to-day. Mr Hosking said it was necessary for the Crown to prove that the Sugar Company had. promised a discount to Levin and Co. No offer was made them in particular; only a quotation to all. Even if an offer were made, it was not for the reason that Levin and 00. were members of a commercial trust. On the- contrary, it was an offer for legitimate business considerations. With reference to the conviction, he submitted under section 4 that there was no proof that the Sugar Company had refused to deal with Fairbura, Wright and Co., except under disadvantageous circumstances, because that company refused to act in conformity' with the directions of a commercial trust. Mr Hosking submitted that the public had not been injured under the conspiracy charge foy the Sugar Company's methods. Bo contended that the* Sugar Company had been punished twice for the same offence. He said that the facts used in establishing a, breach of section 3 were used in. isection 5 also. He submitted that this eould not be done, and ihe quoted authority in support. Mr Justice Williams said that the Crown, under section 5. had to prove in addition to the facts necessary to constitute an offence within section 3, the fact that the transaction was against the public interest. 'Mr Hosking replied that exactly the same facts wore utilised in each offence. Mr. H. P. Richmond followed, and cited further authorities in support of Mr Hosking. The Court then adjourned till tomorrow.