MUNN TRIAL

Evening Post, Volume CIX, Issue 125, 29 May 1930, Page 10

MUNN TRIAL

CHILDREN'S EVIDENCE

PROBABILITY OF APPEAL (By Telegraph.) (Special to "The Evening Post.") AUCKLAND, 28th May. It is regarded as almost certain that the Court of Appeal will be called, upon to consider the admissibility of certain evidonco which was heard during tho Munu trial, but no definite decision on the matter has yet been reached. On the first day of tho hearing in the Supremo Court counsel for the defence, Mr. Northcroft, raised an objection to the hearing of the evidence of the children of Munn's first marriage regarding the existing between accused and his wife during tho twelve months prior to her death. A consultation between counsel and Sir Alexander Hordman was held in his Honour's chambers, and it was decided to allow the evidence. Mr. Northcroft then asked the Judge to reserve the question for the Court of Appeal, and he did so. , . It is understood that counsel's objections were based on tho ground that the evidence did not lead to any definite logical conclusion regarding the actual offence, while it was calculated to prejudice Munn in the eyes of the 3U?he Court of Appeal has power either to order a new trial or to quash the conviction. After it has heard the objection, were the Court to consider that sufficient prejudice had been aroused in the public mind by1 evidence to which objecton had been taken so that it would be impossible for the accused to receive fair trial at the hands of a new jury, it might quash the conviction, while if it considered that the iury had been influenced by improper evidence to return a verdict not warranted, it might order a new trial.