WAR REGULATIONS

Otago Daily Times, Issue 16889, 29 December 1916, Page 4

WAR REGULATIONS

COOKE'S APPEAL AGAINST CONVICTION.

(Pkb United Pbess Associatiok.J CHRISTCHURCH, December 28.

In connection with Cookc's appeal againet his conviction for sedition, Mr G. Hutchison, appearing for Cooke, was informed at tho court to-day that Mr Bishop, S.M., would do all that the law required him to do, and Mr Hutchison handed in a written application to the magistrate to s.tato and sign a case for tho Supremo Court.

The ground's of tho appeal are as follows

1. That tho regulations under which the appellant was convicted arc ultra vires. 2. That tho said regulations are beyond the authority and soope of the War Regular tions Act, 1914, and its amendments. 3. That in purporting to make, or defino a now offence—namely, one of seditious tendency—such regulations are invalid. 4. That in the trial before the magistrate an essential step *was omitted inasmuch as tho provisions of Section 122, Sub-section 2. of the Justices of the Peace Act (that is as to tho trranting tho accused the right of trial by jury) were not complied with.

ALLEGED DISLOYAL UTTERANCE.

PROSECUTION IN WELLINGTON.

(Per United Peebs Association.) WELLINGTON, December 28.

Peculiar circumstances attended a case which was called on at the Magistrates Court this morning before two justices. A young man named Maurice Hope_ was charged with having made use of a disloyal utterance, the words being as follow-:—" To with King and country; 1 would not fight for anyone; I have no time for men wearing red bands on their arm; they aro . fools." Tho accused was wearing a military "unfit" armlet when he appeared in the dock. Detective-sergeant Cox, in applying* for a remand, mentioned that the case was one which had to be taken before a magistrate. Tho accused asked for bail. He said he was a marked man with three young children, and was as patriotic as anybody. Ho also mentioned that ho had unsuccessfully tried to enlist on three occasions, and that he had a herd of 10 cows in full milk Without waiting for the nolico view of the application tho bench granted bail —the accused in £50 and ono surety in a similar sum.

Detective-sergeant Cox eaid he must strenuously oppose granting bail, and he drew the attention of tho bench to the fact that in similar charges previously bail had always been refused. The words complained of wore made use of on December 8 in the Imperial Hotel, where the defendant was in -company with some returned soldiers who were, wearing their badges. _ Tho remarks were resented, and a disturbance seemed to bo imminent. Tho accused ran. away, and was chased by the soldiers, bufc escaped. At tho time tho accused was wearing a. blue hadjre, with the letters " No" on it—an Australian anti-eonscrintion badge. " A riot might easily have occun-ed," added Dcfcectivo-sergoant Cox, " and under the circumstances I must oppose tho granting! of bail." Tho Bench took the -view that if the worda had been made use of when the accused was sober or in a more rrablcic place the caso might have been different. Bail would be allowed and the caso adjourned until January 4. SEMPLFS CASK APPEAL TO BE LODGED. (Peji United Prkss Association.) CHRISTCHURCH, December 28. Tho necessary steps have, been taken to lodge an appeal on points of law against) the three convictions against Robert Semple for seditious utterances.