A BROTHER'S APPEAL

NZ Truth, Issue 915, 9 June 1923, Page 5

A BROTHER'S APPEAL

An appeal "m the Interests of humanity and justice" is made by Mr. ( W, T. Cooper, of Oamaru, brother of Daniel Cooper. It reads as follows and is published without further comment on our part: Slr,-r-The late tri 1 for murder has no doubt created a rzidespread feeling of detestation m the minds of all classes. In writing this letter it is not my desire to harp upon the sentiments of good, kind-hearted people, with any plea for mercy owing to extenuating circumstances, but to make an appeal m the interests of humanity and Justice. Those who closely followed the evidence m the case must have been struck with the fact that there were some serious discrepancies m it. These discrepancies go to show that the evidence given was not as reliable as evidence should be when a man is sentenced to death upon, circumstantial evidence alone, as m this case, aridthese discrepancies lend some color to the plea of innocence advanced by the prisoner. . With regard to these discrepancies, the first point is that one witness stated that she visited the prisoner at Island Bay m the end of October, 1919, and that illicit intercourse took place at that time, from which a child was born on June 10. 1920. The facts go to show that Cooper did not go to live at Island Bay until January, 1920. The building permit was not granted until November, and they moved m m January. Before going to live at Island Bay they lived with his brother m Boulcott Street, Wellington. Again, it was shown m the doctor's evidence that Miss McLeod's child was a full-time child of vigorous constitution, and that when he visited her after the birth, he saw the child "kicking up its heels." The child found on Cooper's premises, and which was Identified as Miss McLeod'a child, and upon the identity of which the conviction turned, was not a full-time child, as Its bones were not ossified and it could never have kioked up its heels. There was also a very marked difference m the color of the hair, the McLeod child having brown hair, and the child found on Cooper's premises having black hair. I claim that the.se discrepancies cast grave doubts on the whole evidence, and lend strength to the plea of innocence, and it was m order to deal with this aspect of the case that an appeal was made for a rehearing. This was disallowed, and so the prisoner is shut up to his fate, and unless some steps are taken for a reprieve, for a time, until these points and others can be sifted out, there is a possibility of a great injustice being done. There are cases on record of men having been convicted on circumstantial evidence, and after the innocent life had been forfeited, proof has been forthcoming that' a horrible mistake had been made In the name of justice. Nothing will be lost m this oase, but much may be gained by a sifting of the evidence and the giving of the prisoner a new chance for his life. I have no wish to clear the guilty, but m the name of humanity and justice I would respectfully ask you, Sir, through the columns of your valuable paper, to espouse the cause of one who is m desperate case, and yet unable to help himself. He assures me that if he can get into\the witness-box he can clear up much.' Acting on the advice of his lawyer he remained silent during the late trial, and was so overwhelmed when the verdict came that he could not collect his thoughts. I trust, Sir. that you will give me space m your columns for this letter m order that the general public may see that there Is something here that calls for closer scrutiny, before sending to his fate one who stands convicted upon circumstantial evidence. ; Life cannot be returned. It is better to let two guilty people off than to hang one Innocent person. Appealing to your sense of right, and thanking you m anticipation.— -I am. etc., W. T. COOPER.