NEWLANDS CASE

Evening Post, Volume CV, Issue 125, 28 May 1923, Page 8

NEWLANDS CASE

CONDEMNED MAN'S APPEAL

CONSIDERED BY THE COURT ,WAS EVIDENCE OF SYSTEM

ADJVHSBIBLE?,

;• Consideration was given by the Court 6f Appeal to-day to a motion filed on behalf of Daniel Richard Cooper, asking for leave to appeal against his conviction on a" charge of murder. Cooper was found guilty of murder- on Tuesday last, and was sentenced to death. The grounds of "the' motion; were .that', certain evidence was: inadmissible, and that there should have been a separate trial, but counsel abandoned the second ground, this morning.. .;-_

'.:■ On the, Bench 1 were the Chief Justice (Sir Robert Stout), ;Mr. Justice Hooking, and Mr. Justice Salmond. "•

'; Mr. C. AY L;'- Treadwell, with- him Mr. J. S. Hanna, appeared for Cooper, and the Solicitor-General (Mr. W. 6. ai'Gregor, X.0.), with him Mr. P. S. Jf. Macassey, for the Crown.

;■■ Mr. Treadwell'; said that the application was, ; niade under section 443 of the Crimes.,-AcK■ -! '.The grounds were * that evidence T"wa3' admitted that should not have been admitted, Bnd that the accused should have been v tried separately, but in further consideration he had decided not to argue the second ground, as iit was realised that no useful purpose could be served by. so doing. Counsel outlined the facts of the Crown case, up to the. time of the admission of the evidence of'system-'dealing with the history of the M'Leod child. Mr. Treadwell referred to his submission, in the Court below, that the identification of the child had not been definitely 1 established. : * - ■ ■'■■■ ■" The Chief Justice: "It is not necesSary to find the body." ;' Mr.- Treadwell: "Under ■ certain circumstances it is not necessary, sir." .:' ij Mr. Treadwell said that his main point was that'there had been no prima facie case of murder by Cooper when ; the evidence of system was tendered. !. The' Chief Justice:. "Then the evidence of system would never be of any use. You couldn't admit it until the case had'been proved. What use would ; the evidence be after the case had been I proved?" . .: THE CORPUS DELICTI. ■In murder'trials, said counsel, the. corpus delicti was important, and there .were three facts that had to be proved —(1) that death had 'taken place; (2) that the deceased ' was, identified' with the person alleged to have been killed j and (3) that death was due-to unlawful jriolence or criminal negligence. '• Mr. Justice Salmond: "The corpus (delicti apparently means the offence, mr of who committed it." -; Counsel proceeded to refer to a number of authorities urging the necessity 'jsf establishing. !the* corpus delicti. Miss M'Leod:had handed the baby over to Cooper on? the 'Understanding that it ,waß to" be adopted, and the presumption yra.s that the child had been adopted. ■ The Chief Justice: "There is no presumption. It was proved that the child was not adopted." ', . ; Mr. Treadwell: "Your Hondur knows that the formalities of adoption are often not complied with." The Chief Justice: "I know nothing of the sort. I know that adoption is a leg^l business, and that there must be an order of the Court."

Mr. Treadwell said that his submission was tWt at the time of the admission of the evidence of system there was no proof that the M'Leod child was dead, much. less murdered.

■ Mr. Justice > Salmond: "Was not the fact that a child corresponding with the missing child was. found on the premises sufficient to establish a prime facie case?"

'JMr« Treadwell:, "We aay that the medical evidence did not establish the fact that the child was the M'Leod child."

V, Counsel,proceeded to refer to various authorities in support of his main contention, and, had not concluded his address when the* ■Court adjourned for luncheon.

I : This afternoon, in reply, the SolicitorGeneral said that it seemed to him that the^application -was based on a misunderstanding of the laws of evidence on. the. point., .Similar, and unconnected facts""might be advanced for the purpose of proving the guilt of the prisoner. That 'fact-- was;', laid, down quite clearly .in recent authorities. ";"': . : .

(Proceeding.)