COURT OF APPEAL

Poverty Bay Herald, Volume XXXV, Issue 11248, 11 April 1908, Page 7

COURT OF APPEAL

HASTINGS FIRE CONVICTION UPHELD. RELIGIOUS. INSTRUCTION IN SCHOOLS. (Per Press Association.) WELLINGTON, this day. In the Appeal Court, the case of" the Crown versus Martin Johnson was argued. Johnson was tried before Judge Cooper and a, jury vit Napier o n a charge of setting fire to premises known a s the •bilver Grid." Counsel for the Crown omitted to prove.. that the bihldino-. was faxed -to the soil, and at the conclusion of tlie Crown s evidence counsel for the prisoner contended that without this evidence there was not sufficient evidence to go to a jury, and that they should be directed to acquit accused. His Honor held that there was sufficient evidence, and so directed the jury who convicted accused. The Judge, however reserved for the opinion of the Court of Appeal questions as tq whether there was sufficient evidence, and whether his direction was right. The Court, without call, ing upon the Crown to reply, delivered an oral judgment affirming the conviction.

Yesterday afternoon the Court of Appeal (Justices Williams, Dennistbii, Edwards and Chapman) commenced hearing the case Bruce and others versus the Wanganui Education Board and another. Tins was an appeal from a decision of Judge Cooper; delivered m Wanganui on the 24th February. , The .appellants were tlie school committee for the Wanganui school district, ,-irici the- respondents were the Wanganui Education Board and Henry Marriott Payne, head . teacher of Queen's Park school, a public, school within the district../ The school hours fixed by the respondent Board were five hours per day for five days of the Iweek. Appellants on the 11th of November last passed a resolution that the -school, hours m the. district Should be live hours on lour nays of the week and 4£ horn's on the filth day. They instructed the respondent Payne, to. carry out this resolution; .and notified the ''respondent "•■'Board of their action. „ Their object, in passing this resolution was to allow half an hour a week m aJI Wangamii schools for religious instruction, aiul the use- of the schools for this purposes was granted ■ to the Ministers' Association' for the halfhonr taken out of school hours. The respondent Payne forwarded t he resolution to the .Education Board, who instructed him not to obey it,, and. they notified appellants that tfiey would not -allow, the alteration of, school hours. Plaintiffs .then commenced an- action m tlie Supreme-Court at Wanganui , claiming ah injunction to restrain the .respondent Board from overruling its decision, and asked for a mandamus, to compel the respondent Payne to carry out their .instructions. Judge Cooper, 'w-hb". heard the action, held that by section 124 . of the Education Act, 1904, the committee were subject to the control of the : Board. ' and dismissed the action, with £10 10s costs. The committee then brought this appeal. i r Myers ; appeared i f or '■■, the appe 1 lantw , and Mr Skerrett, K.G.,, and Mr Hutton for the 'respondents. Mr. Myex ; s, on behalf of apnejlants, contended that the committee had' power to fix the school hours,' and the Education Board had no controlling power. in this matter. The case had not concluded when the Court adjourned until Monday.