TO APPEAL FURTHER

Hawke's Bay Tribune, Volume XXVI, Issue 101, 9 April 1936, Page 5

TO APPEAL FURTHER

Mareo Takes Court’s Decision Calmly

CONFIDENT IN OUTCOME

(Bs Telegraph—Press Association.) AUCKLAND, April 0. The decision of the Appeal Court against his appeal was taken very calmly by Eric Marco when it was coni' municated to him by Mr. Aokins, his counsel, nt the Mount Eden gaol. He discussed for a few moments the train of reasoning of the judges and expressed confidence in the outcome of a further appeal now being made. Mareo has now been 43 days in the condemned cell of the gaol. As with all condemned prisoners, he is under constant surveillance. He plays draughts most of the time. He reads very little. Dor an hour a day he is allowed to exercise in the big yard, and to this and physical exercise he attributes his fine state of health, which is manifest. It was announced by Mr. Aekins that Mr. H. F. O’Leary, K.C., had made section 447 of the Crimes Act, 1908, the ground for an appeal for a new trial for Mareo. The section under which the appeal will bo lodged reads as follows: “New trial by order of the Governor-Genera! in Council: Where on an application for mercy of the Crown on behalf of any person convicted of a crime the Governor-General-in-Council entertains doubt whether such person ought to have been convicted, he may, instead of remitting or commuting the sentence, after such inquiry as ho thinks proper by an order in writing direct a new trial at such time and before such Court as he thinks proper.”