Appeal Court.

Oamaru Mail, Volume XXIII, Issue 7357, 3 November 1898, Page 4

Appeal Court.

(BY TELEGRAPH).

Wellington, November 2,

The question reserved by Judge Conolly in the case of Regina v. Orpen was considered in the Appeal Court this afternoon. This was the case of the prosecution of Dr Orpen, of Auckland, for murder, as the result of an alleged illegal operation. The Grown tendered as evidence in that case a declaration made by the deceased woman within 24 hours before her death. Judge Conolly rejected the declaration on the ground that evidence as to the condition of the woman's mind at the time of making it did not sufficiently disclose a settled conviction on her part that she was at the point of death. The woman had said that she made the statement because she thought it probable that she might die soon, and had asked that, if anything happened to her, her body mighb be sent to Dunedin. The question reserved was whether the Judge was right in refusing to allow the statement to be given in evidence. Daring argument this afternoon the case stated was amended by adding that it appeared that no person in attendance on the deceased woman had informed her that her case was hopeless, but on the contrary she had been encouraged to think that she might live. On this counsel for the Crown intimated that he would not argue the case farther, and the Court unanimously decided that the evidence had been rightly rejected. The Judges sitting were the Chief Justice and Justices i Denniston and Pennefather. Mr Bell appeared for the Crown, and Mr Theo Cooper for Dr Orpen.