COOPER’S APPEAL.

Otago Daily Times, Issue 18876, 31 May 1923, Page 10

COOPER’S APPEAL.

COURTS WRITTEN JUDGMENT. (Pub United Press Association.) WELLINGTON, May 30. The Court of Appeal this morning delivered written reasons for the dismissal of the application by Daniel Richard' Cooper for leave of appeal against his conviction for murder. The Chief Justice, in the course of his judgment, said that the main reason given by learned counsel, for Cooper in support of the application was that evidence ■ had been admitted with respect to the linding of other bodies than the one in respect of which Cooper was charged with murder, and that such evidence was not admissible until a prime facie case of murder had been made out. “I am of opinion,” continued his Honor, “ that, even if that be the law, sufficient evidence has been adduced to warrant the court in admitting the evidence. There was some evidence, first that the child found buried in prisoner's property was the body of the child of Margaret M‘Leod, and it was this child that Cooper was . charged with murdering. There was evidence* to the effect that the body was that of a child, about the age h‘er child was at the time of its disappearance. Second, that the child had been born alive and had lived a few days. Third, that the child was of dark complexion. Fourth, that the sex was the same. Fifth, that the child had boon given by M‘Leod to Mrs Cooper, who was living with the prisoner, and that immediately after M'Leqd was told by Cooper that the child was given to persons for its adoption. There .was evidence that M'Leod had demanded possession of the child, and could not get any definite answer as to whom it had been given by Cooper, nor where it was, and the child could not be found. Further, there was evidence that the child had not been adopted. All these facts were put forward in the court before evidence as to other children was advanced. I am of opinion (concluded his Honor) that this case is indistinguishable from the case of Makin v. the Attorney-general of New South Wales, and Regina v. : Dean, and the court is bound by the decisions in these eases. In view of these decisions it is clear that the evidence regarding the other bodies found in the ground at Ncwlands belonging to prisoner was relevant evidence, and tended l to show ho had been guilty of killing babies, the custody of which had been granted to him by their mothers. The jury could rightly .infer that from the evidence adduced. Mr Justice Hosking. in his judgment, concurred with the Chief Justice that a prima facie case had been made out before the evidence objected to was admitted. . John Saimond said that the case was indistinguishable from Makin v. the Attor-ney-general of New South Wales, and that the admission of the evidence objected to was in accordance with the rule laid down by the Court of Appeal in Rex v. Whitta and Regina v. Smythe. Ihe application for leave of appeal was therefore refused.