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THE LONGHURST CASE.

[by telegraph.] Wellington, To-day. ; : At ,tho Appeal Court to-day judgment was given in the Adams conspiracy case.) Judge Johnston said the case was one of great importance, and came before the Court under embarrassing circumstances;-; As the Jury found the defendant guiltytheir Honors were bound to asmme for, the purposes of this case that the charge against Longhurst was a false oile, and£ moreover, that the circumstances proved were sufficient to prove the charge of con-; spiracy if the girl had arrived at the legal age of discretion. The specific qubSi-i tion reserved for the Court pf Appeal to determine was, whether the learned' Judge ought not to have directed the acquittal of both defendants on the ground that the child was in law incapable of conspiring, as alleged in the first count of the .indictment. He (Judge Johnston) held that it was repulsive to common sense to believe that the child conspired, confederated, and combined with her father to commit the crime, and he was therefore of opinion on the whole that there was no evidence incorporated in the case reserved which satisfied the requirements, of the law regarding the rebuttal of the prima facie presumptiou of innocence which applied to children between the ages of seven and fourteen. He thought that the learned Judge ought to have. 1 told the jury that there was no such evidence before them as' would justify them, according to l aw, in finding that the prima facie presumption" of innocency must be rebutted. Accordingly the conviction ought to be quashed. Judges Gillies and Williams were also of opinion that the child was incapable of' conspiring, and that the judge should have directed an acquittal of both prisoners. The conviction was thereupon quashed, and this brought the Crown case reserved to a conclusion.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18821127.2.12

Bibliographic details

THE LONGHURST CASE., Ashburton Guardian, Volume IV, Issue 803, 27 November 1882

Word Count
303

THE LONGHURST CASE. Ashburton Guardian, Volume IV, Issue 803, 27 November 1882

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