APPEAL COURT

Southland Times, Issue 17620, 7 April 1914, Page 6

APPEAL COURT

(Per United Press Association). WELLINGTON, April k. The Appeal Court opened to-day. the Chief Justice and Judges Denniston. Edwards. and isim being on the Bench. There is a long list of cases. Fixtures »ere made for the first three days this Wek. Then the Court adjourns to the 19th. Leave to appeal to the privy Council was granted in the Union Steamship Co. v. Wellington Harbour Board, and the action Adams v. Rutherford. The case Rex v. Alfred William Alfred. came on next. The accused was tried at Oamaru for arson and the Judge directed the jury that there was no evidence of accused’s mental condition to Justify an acquital on the ground of insanity. The jury, however, in reply to the usual question by the Register, said that they found the prisoner guilty, but also handed in a document in which thev expressed the opinion that accused was not responsible for his action at the time. The question for the Court of Appeal was this —“Does the verdict of the jurv amount to a verdict of guilty.” Mr von Haast appeared for prisoner and the Solicitor-General for the Crown. After hearing counsel the Court reserved its decision. Tiie Appeal Court is bearing the case of H. Holland, a. prisoner who was found guilty of sedition for a speech delivered during the strike. The Chief Justice reserved for the Appeal Court two questions : tt) Whether the first indictment dsclosed an offence; and (-1 whether the fact that prsoner had been acquitted by the magistrate on a summary charge of inciting to resist the police and that evidence if proof Uial the charge was uttering of words in second indictment prevented his being convicted of sedition. The preliminary question tvas whether the plea of “autrefois- acquit” (formerly acquitted) could be made after the plea of not guilty on the indictment.