THE APPEAL COURT.

Evening Star, Issue 14037, 19 April 1909, Page 4

THE APPEAL COURT.

- [Per United Press Association.] WELLINGTON, April 19. The Court of Appeal resumed this morning in the case Rex v. Chas. Baker. This case was tried at Wanganui in March last on an indictment containing eight counts charging Baker with counselling and procuring the commission of a crime—to wit, bitrglary—with aiding and abetting, and with_ breaking and entering premises with the intent to commit a crime. The act charged against accused was that he wrote a letter to William Morris Scott, at Wanganui, explaining how explosives should be used to open a safe. Two days later Scott and another attempted to "commit burglary at Wanganui. They were caught in the act, found guilty, and sentenced°to imprisonment. The jury found a letter written by accused, not in reference to the Wanganui burglary, but in reference to crime contemplated generally. It was contended by counsel that the writing of the letter was not a criminal act, and that the indictment, with the exception of the counts charging participation in the specific crime in which Scott was sentenced, and which the jury had found accused had no connection with, disclosed no offence. Mr Justice Chapman reserved the questionfor the Court of Appeal ; also the question whether the evidence taken at the trial of accused was sufficient to show, when he wrote the letter, that he knew of the contemplated burglary at Wanganui.