THE APPEAL COURT.

Nelson Evening Mail, Volume XLII, Issue XLII, 24 April 1907, Page 1

THE APPEAL COURT.

THE TRADES MARK CASE. [United Pbess Association.] WELLINGTON, Tuesday. Argument in the soap trade mark case continues in the Appeal Court. Mr Gully, for the appellants, contending that if there was a possibility of confusion arising in the minds of the public through the registration of a new trademark, it should not be allowed to get on the register by the Registrar. In the present case he argued that there was a possibility that the public would be confused.

The fateful moment in a crianinal trial in that in which counsel ' las to decide whether to continue lJ.s cross-examination or sit down. Such a moment came more than once in the experience of liallaintiims' and silence once enabled him to s>- , euro the acquittal of a woman of whoso guilt he entertained not the douibt. She was young and pretty, ami was alleged to have (lu-soJ her husband to death with arsenic, so sJi-i mifrl.'t marry her lover. The solicitor instructing was anxious that the; specialist called to prove the presence of arsenic in the dead man's .stomach should be roughly handled; he must be severely crossexamined, llallantine heard the evidence, which spoke to the presenco in tho body of a small c,uantity of arsenic. The solicitor was frantic with anxiety for the crossexamination to beg-in. Hut, to his horror Uallantine let 1 tho expert leave tho box without asking 1 him a single question. It is a 'difficult matter to defend a man like Thaw. His interference, in the best of circumstances, would handicap counsel, but where it succeeds in 'dividing into two camps the men brieftcd in bis behalf, ihe danger is increased tenfold. Having engaged an expert to defend irim, a man had better leave it to the, expert. That w-as what Thelwall found whun Krskino was conducting his case. Thelwall was an acute and audacious man, and as ciuiekly as his counsel saw points in t-!ic line of [argument purse.'.! by the prosecution which w«tv cnpable o-f attocki But lio di'd not see how they were bust) .assailed and h'is tug'gvstions were annoying to tho great lawyer, who at last refused to be worried any more Ijy t!x> prisoner, '''Very vrdl," the prisoner scribbled. 'I'll be hanged if I 'don't defend myself." Ersldno read tho note, and tossed I>ack nnol'm-E. ".You'll certainly be hanged if you do." — St. Jiymcs' Gazette. Woods' Great Peppermint Cure for Coughs and C'jl'ls never fails. Is 6d and 2s 6d*