FOR APPEAL COURT

Dominion, Volume 34, Issue 197, 17 May 1941, Page 12

FOR APPEAL COURT

Point Of Law In Pacifists Case The live members ol the Christian Pacifist Society who were remanded from last week till yesterday for sentence were again remanded. The men were convicted by a jury ol breaches of the Public Safety Emergency Regulations, but the Chief Justice (Sir Michael Myers), before whom the trials took place, expressed doubt whether they could be sentenced, they having already received a sentence from u magistrate for an offence based on the same taels. Both charges arose from meetings the society had hold. Ills Honour asked Io hear legal argument and. the prisoners having expressed no wislt Io be repre settled by counsel, lie directed tlie aeting- < Town Prosecutor. Air. C. 11. Weston, to have counsel employed by the Crown. Mr. Evan Parry was present yesterday to argue the point on helmll' of prisoners. Yesterday a request by the SolicitorGeneral. Mr. 11. 11. Cornish, K.C., that, liis Honour should state a ease for lite Court of Appeal was conveyed to the Chief Justice by Mr. Weston, who said the Crown would he perfectly satisfied with his Honour's decision, but it was considered that perhaps full consideration could not lie given it in the middle of long criminal sessions. His Honour said Hie application was proper and he would draft a case. Mr. Parry said prisoners would have been content to have the ease dealt with by his Honour.

The prisoners are Ormond Edward Burton, minister of religion and chairman of Ihe society, who had been found guilty of conducting a prohibited meeting; and John Whiteley Boal, carpenter, aged 2S. David William Silvester, clerk, aged 2S. John Robert Itammerton, plasterer. aged 28, ami James Doherty, commercial artist, aged 32, each of whom had been found guilty of attempting to conduct a prohibited meeting.