COURT OF APPEAL.

Otago Witness, Issue 3006, 25 October 1911, Page 67

COURT OF APPEAL.

WELLINGTON, October 18. On the motion of the New Plymouth Law Society, the Appeal Court to-day made absolute a rule to strike Walter Wilkes, a solicitor., off the roll, with 15 guineas costs. In the Native land case Tuituina Marangata v. Patena Kereni judgment was reserved WELLINGTON, October 19. The Appeal Cpurt is to-day taking a case rather out of the usual lines, in the shape of Rex. v. Boakes. The latter was tried for perjury in an affiliation case at Auckland. During the trial the complainant sat for the greater part of the hearing facing the jury with a child on her lap about the age of that mentioned in the indictment. It was fair-haired like the accused, and its hair was said to be brushed ■ as nearly as possible in the same way as BOakes's. When the Crown Prosecutor referred to the child Judge Chapman stopped him. In the case stated the judge says he is unable to say the jury was-not influenced by the exhibition of the child. The Appeal Court is now asked to say whether these facts vitiate the verdict, and, if so, whether the conviction should be quashed, or whether there should be a new trial. Mr D. Smythe is appearing for the prisoner, and the Solicitor-general and Mr Ostler for the Crown. After hearing lengthy argument the court reserved its decision.