APPEAL COURT

Evening Star, Issue 15778, 15 April 1915, Page 4

APPEAL COURT

THE DUERKOP CASE, # [Pep. United Pbkss Association - .] WELLINGTON. April 15. Tho Court of Appeal, consisting of S:r Robert Stout iChief Justice), Mr Justice Denniston, Mr Justice wards, Mr Ju»tieo Cooper, and Mr Justice Chapman sat this morning to hear .argument on questions which were reserved ;it the trial 1U February last of Wilhelm Heinrich Magnus Duerkop for alleged trading with the, enemy. The jury found the prisoner guilty on four indictments, which were laid under section 35 of the. Regulation o! Trade and Commerce Act, 1911, and found a special verdict upon a- fifth indictment, which was laid under Hie 'trading with the Encmv Act. 1914. H appeared that tho Regulation of Trade and Commerce Act, 1914, was repealed on November 2, 191.4, by the Trading with _lho Enemy Act, 1914. Ibe proceedings against Duerkop were not commenced until after the 2nd November, ami ■ <-msel contended that as the Act had been repealed. the proceedings were mvalu.. The Chief Justice. Yvho presided at. the trial, over-ruled this objection, and one of tho questions for the Court is whether he was right in doing so. 1 lie question which arises on the. fifth indictment is whether the prisoner, having traded with a, Dutch incorporated company, whoso sole directors wore Germans, and whoso shareholders and managing director were tiermans .was trading with tho enemy. Mr Noave, for the prisoner, contends that the firet four indictments were invalid, as tho Act had been repealed before the proceedings wore commenced. Counsel relied upon section 5 nf the Crimes Act, 1908. 'On the fifth indictment he conic ndod (hat tho essence of the ode nee WHS the supply of good.-, (o enemy ten ilory, and a. supply to an enemy subject not in 'enemy territory, the grinds not being intended for enemy tmitory, vas no offence. Argument is proceeding.