COURT OF APPEAL

Manawatu Times, Volume LXIV, Issue 162, 16 July 1907, Page 5

COURT OF APPEAL

Press Association. Wellington, July 15. The Court of Appeal was engaged to-day with Bex v. Peddle, who was tried recently at Napier for assaulting a sheriff.. At the close of the evidence for the Grown Mr Baume, K.C., counsel for prisoner, cour tended that the prisoner must be acquitted on the grounds (1) that there was no proof that the condition as to payment of purchase money had been fulfilled, therefore the writ of possession was bid; (2) there was no proof that Gutten was sheriff at the time of the assault; (3) that there was no evidence of the identification of the land, and therefore Cutten was a, trespasser, and the assault was justified. Prisoner was convicted by the jury, and Judge Cooper reserved for opinion at the Court of Appeal' the question whether he was rightly convicted. Mr Baume, K.C., and MrLevi appeared for the prisoner, and Mr Myers for the Crown. Mr Baume stated the facts as above and referred to the evidence, and his address was not concluded when the Court adjourned until 10.30 to-morrow.