PACIFIST SECRETARY

Evening Post, Volume CXXXIII, Issue 135, 10 June 1942, Page 6

PACIFIST SECRETARY

APPEAL COURT ARGUMENT

Questions of law arising from., the trial of Archibald Charles Barrington, secretary of the New Zealand Pacifist Society, who was found guilty by a jury of attempting to publish a subversive statement —a bulletin of the society—were considered today by the Court of Appeal on a case stated, by the Chief Justice (Sir Michael Myers). Barrington was charged with publishing the statement, and, alternatively, with attempting to publish it At his first trial on May 12 and 13 the jury failed to agree, and at a new trial oh May 18 he was* found guilty on the second count. At the close of the case for the Crown in the Supreme Court, the prisoner asked that the case be withdrawn from the jury on the ground that the onus of proof had not been discharged by the Crown. He contended that there was no proof of publication of the alleged subversive statement, and that if any publication at all were proved there was no proof of publication by him; also, that on the evidence, the only offence for which he might properly have been, charged was that of preparing the manuscript of one of the articles in the bulletin, with a view to facilitating the publication of a subversive statement. He argued, too, that the bulletin was not subversive within the meaning of the regulations. . The points for the Court of Appeal were whether overseas publications, tendered by the prisoner as evidence.: were impropei'ly rejected by the Court; whether, at the close of the case for the prosecution and/or the close of the whole case, there was evidence to go to the jury of publication by the prisoner of the bulletin; whether the jury was at all misdirected .by his Honour; and whether,'on the evidence, the prisoner could properly be convicted of an attempt to publish a subversive statement—the bulletin. The Court of Appeal consisted of the Chief Justice, Mr. Justice Smith, and Mr. Justice Johnston. Mr. E. S. Parry appeared for Barrington, and. Mr. W. H. Cunningham for the Crown. (Proceeding.)