WAR REGULATIONS

Otago Witness, Issue 3277, 3 January 1917, Page 46

WAR REGULATIONS

COOKE'S APPEAL AGAINST CONVICTION. CHRISTCIIURCH, December 27. Notico of appeal against the sentence of 12 months' imprisonment imposed en Fred. K. Cooko (Socialist and Labourite) tor a breach of the War Regulations Act was served upon Superintendent Dwyer to-day. Mr Gcorgo Hutchison, ex-M.L\, is acting for tho appellant. December 23. In connection with Cooke's appeal against bis conviction for sedition, Mr G. Hutchison, appearing for Cooko, was informed at tho court to-day that Mr Bishop, S.M., would do all that tho law required him to do, and Air Hutchison handed in ft written application to tho magistrate to state and siyn a case for the Supremo Court. The grounds of the appeal are as follows: 1. That tho regulations under which tho appellant was convicted are ultra vires. 2. That the said regulations are beyond the authority and scope of the War U< guiutions Act, 1914. and its amendments. 3. That in purporting to make, or dofine a new offence —namely, one of seditious tendency—such regulations arc; invalid. 4. That; in iha trial before tho magistrate an essential step was omitted inasmuch as the provisions of Section ]22, Sub-section 2, of the Justices of the Peace Act (that is as to the granting the accused tho right of trial by jury) were not complied with. ALLEGED DISLOYAL UTTERANCE. PROSECUTION IN WELLINGTON. WELLINGTON, December 23. Peculiar circumstances attended a caso which was called on at the Magistrate's 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; I would not fight for anyone ; I have no time for men wearing red bands on their arm; they are military "unfit" armlet when he appeared in the dock. Detective-sergeant Cox, in applying for a remand, mentioned that tho case was one which had to be taken before a magistrate. The accused asked for bail. He said ho was a married man with throe young children, and was as patriotic as anybody. Ho also mentioned that he had unsuccessfully tried to enlist on three occasions, and that he had a herd of 10 cows in full milk. Without waiting for the police view of tho application the bench granted bail —tho accused in £SO and ono surety in a similar sum. Detective-sergeant Cox said _ he must strenuously oppose granting bail, and ho 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 tho Imperial Hotel, where tho defendant was in company with some returned soldiers who wero wearing their badges. The remarks were resented, and a disturbance seemed to be imminent. Tho accused ran away, and was chased by the soldiers, but escaped. At the time the accused was wearing a blue badge, with the letters "No" on it —an Australian anti-conscription badge. " A riot might easily have occurred." added Detective-sergeant Cox, " and under tho circumstances I must oppose the granting of bail." Tho Bench took the view that if the words had been mado use of when the accused was sober or in a more public place the caso might have been different. Bail would bo allowed and the case adjourned until January 4. SEMPLE'S CASE. CHRISTCIIURCH, December 28. The necessary steps have been taken to lodge an appeal on points of law against the three convictions against Robert Semplo for seditious utterances. TWO MORE APPEALS. WELLINGTON, December 30. Action has been taken by Mr Gco:-<?o Hutchison, solicitor, with a view to obtaining the release of Peter Fraser and Thomas Brindle, who were convicted of seditious utteranees at Wellington. In addition to a General appeal on tho ground that tho evidence did not justify a conviction, a special appeal on points of law r has been lodged.