A SERIOUS CHARGE

Otago Daily Times, Issue 18052, 28 September 1920, Page 9

A SERIOUS CHARGE

NEW TRIAL ASKKD FOE.

FRANKLIN SMITH'S CASE BEFORE COURT OF ,APPEAL.

The Court of Appeal opened a session on Thursday, the bench being comprised of the (Jiiiei Justice (Sir Robert Stout), Mr Justico Chapman, Mr Justice Herdman, and kis Honor Sir Bassett Edwards (says the i\ow Zealand Times). Franklin John Smith, otherwise known as "PitrPot" Smith, and in Wellington, Dun-c-din, and elsewhere as Low Kun, who was convicted at Auckland of rape and sentenced to seven years' imprisonment with hard labour, applied through counsel, Mr Allan Moody, ior a new trial. The SolicitorGeneral (Mr W. C. MooGregor) opposed the application. Mr Mocdy. reviewed the evidence at length, and quoted ■authorities in support cf his contention that the verdict of the jury was against the weight of evidence. He submitted that the girl was a consenting party. Mr Justioo Herdman: Then why did 6he complain to her aunt? Mr Moody: It is conceivable that she was violated afterwards. Mr Justice Herdman: Then why should she not tell the truth? Mr Moody: It is difficult to follow the workings of a woman's njind. Smith does not deny intimacy with the girl, but be' says that she consented. Sir Robert Stout: Smith is confessedly a liar. I would never trust a man who had once told me a lie. Sir Bassett Edwards: But ho might tell the truth generally. ' Sir Robert Stout: I would not believe him unless there was corroboration. Mr Justice .Chapman: Smith gained considerable notoriety as "Low Kun." He j appears to have been very popular.— (i.aughingly.) Was he not chairman of that Ponsonby meeting? His Honor was -cferring to a meeting convened with the object of getting a reprieve for Dennis Gunn, the Ponsonby murderer. Mr MacGregor: I am at a disadvantage, sir. I know nothing of "Low Kun." Mr Justice Chapman: I will let you have the reference. You should read it; it is worth while. Sir Bassett Edwards: He might have gone a little further and called himself "Low Cunning." However, because a man is a blackguard, it does not follow that he will commit rape. In conclusion, Mi Moody submitted that the application should be granted in the interests of justice, the public, and especially Smith. The Crown could not be prejudiced by the granting of a new trial. To convict a person - on such evidence as that upon which Smith had been found guilty was not right. The Government might as well abolish trial by jury, and try accused persons by a judge alone. Sir Robert Stout: It might be beneficial to do that, although it has never yet been done in this country. Juries are not fond of convicting. The Solicitor-General quoted many authorities in support of his contention that tho court should not interfere, and the court then reserved its decision.