CONVICTIONS CHALLENGED

NZ Truth, Issue 602, 30 December 1916, Page 6

CONVICTIONS CHALLENGED

The Cases of Cooke and Semple ! Opinion of the Supreme Court to be Sbught. The Grounds of Appeal. (From "Truth's" Christchurch Rep.) On Thursday last, matters m connection with the recent sedition sentences, took a turn which promises to be interesting;. On December 19 Magistrate Bishop at Christchurch sentenced Fred R; Cooke to 12 months' imprisonment on a charge of delivering seditious sentiments at a meeting m j the Socialist Hall, bimsequent developments, however, make it appear that Mr. Cooke does not intend to take the { sentence i WITHOUT KICKING AGAINST IT. Police Superintendent Dwyer who swor,e the information against Cooke, was served on Thursday with notice of Cooke's intention to appeal against the conviction. The grounds of the appeal are as follows: l.That the Regulations under, which the appellant was convicted are ultra vires. 2. That the said Regulations are beyond the authority ana scope of the amendments. 3. That m purporting to'Vnake,*, or define a new offence — namely, one pf seditious tendency— such Regulations are invalid. 4 . That m the trial before the Magistrate an essential step was omitted inasmuch as the provisions of Section 122, Sub-section 2. of the- Justices "of the Peace Act (that is aa to the erranting the accused the right of trial by jury) were not complied with. Mr. Q. Hutchison (of Wanganui) will appear on behalf of appellant. The necessary recognlsanco to proeecute the appeal on Cooke's behalf was obtained and Mr. C." Ferrier, J.P., Lyttelton, accepting the surety of Mr. James McCombs, M.P., In the sum of £25, issued the necessary warrant. ' Mr. Hutchison formally applied to Magistrate Bishop for permission to state a case for appeal on. the law points and subsequently he tendered the foHo-sring notice to the S.M.: To H. W. Bishop. Esq., Stipendiary Magistrate and Justice of the Peace. CnrlstchUTch. Frederick Riley Cooke, at present undergoing imprisonment m Lyttelton gaol, under a conviction by you on December 19, 1916, m respect of an alleged seditious utterance by him on December 10, 1916. at Christchurch, being dissatisfied with such determination as being erroneous m point of law, hereby applies to you to state and sign a ease setting forth the facts and the grounds of such determination for the opinion of the Supremo Court. (Sgd.) GEORGE HUTCHISON, Solicitor for tie- appellant., Mr. Hutchison was notified In court that Magistrate Bishop would strictly follow what was required of him under j the Act, and that j A WRITTEN CASE j could be presented to him for his consideration within the fourteen days allowed under the Act. Tho question arises, whether Cooko, during the pendency of the appeal is entitled to be released from custody. That contingency, however, seems to have been provided against by tho War RegTJ latlona, sub-section (d) or which provides that: No person convicted shall be released from custody by reason of and during tho pendency of an appeal from tho conviction, and the warrants may bo issued m execution of tho conviction m tho same manner as If no appeal hod been instituted, anything m any other Act to tho contrary notwithstanding. It is understood that tho Crown will oppose the appeal, which will bo heard at Christchurch In the now y<»ar. Similar proceedings will be instituted on behalf oC Robert Sample.