COURT OF APPEAL.

Grey River Argus, 27 July 1907, Page 3

COURT OF APPEAL.

WELLINGTON, July 26: The Appeal Court, on resuming the hearing of the Te Akau case, intimated that without expressing any opinion) as to the power of the Court to issue a writ . of • prohibition in the case of bias on the part of the Judge of the Native Appellate Court, they would like to hear argument on the question whether plainiff's statement of claim disclosed any real bias on the part of Judge Browne. .Mr Bell, X.C, then addressed the Court to show that even if the allegations in the statement (which were .denied) were true, they would not be such as to show any bias on J.udge Browne's part. He also contended that even if tihey did disclose bias, the Supreme Court had no jurisdiction, to interfere, the pro;:er tribunal being the Native Appellate Court itself. Mr Ske.rrett, X.C, and Dr. Findlay, on behalf of Judges Browne and M'tiir, then followed on the same linc3. Messrs Morrison and Enrl addressed the Court on behalf of the plaintis contending (1) that the Supreme Court had jurisdiction to prohibit the Native Appellate, Court on the ground of bias and (2) that the circumstances alleged in the statement of claim disclosed a reasonable likelihood of •unconscious bias on the part of Judge Brown sucih as would justify the Supreme Court in interfering. Mr Sk'errett replied and the Court reserved its decision.