THE ORPEN CASE.

Auckland Star, Volume XXIX, Issue 278, 24 November 1898, Page 3

THE ORPEN CASE.

APPEAL COURT DECISION,

THE WOMAN'S DECLARATION

EEJECTED.

WELLINGTON, November 2

The question reserved by Mr Justice Conolly in the case of Regina v. Orpen was considered in the Appeal Court this afternoon. It Will be remembered that at the recent prosecution of Dr. Orpen the Crown tendered as evidence in the case a declaration made by the deceased woman within twenty-four hours before her death. Mr Justice Conolly rejected the declaration on the ground that the evidence as to the condition of the woman's mind at the time of making it did not sufficiently disclose a settled conviction on her part that she was at the point of death. The question raised was whether the judge was right in refusing to allow the statement to be given in evidence. During the argument yesterday, the case as stated was amended by adding that it appeared that no person in attendance on the deceased woman had informed her that her case was hopeless, but that, on the contrary, she had been encouraged to think that she might live. On this Counsel for the Crown intimated that, he would not argue the case further, and the Court unanimously decided that the evidence had been rightly rejected. The judges sitting were the Chief Justice-'and Judges Denniston and Pennefather. Mr Bell appeared for the Crown and, Mr Theo. Cooper for Dr. Orpen. The expanses incurred in America in connection with the extradition of Dr. Orpen amounted to £289. An account for this sum has just been received from the United States Government.