APPEAL SUCCEEDS

Wanganui Chronicle, Volume 86, Issue 62, 14 March 1942, Page 4

APPEAL SUCCEEDS

BALLOT-CARD CASE (P.A.) Wellington. March 13. A successful appeal against his conviction by a magistrate on a charge of offering a bribe to a clerk of ihe National Service Department with intent that his ballot card should be removed from the register was made in the Supreme Court to-day by t-’rancis Joseph Dwyer, hotel manager, of Wellington. The appellant was represented by Mr. 11. I’. O'Leary, K.C.. with him Mr. E. W. Ongley. and Mr. H. R. Biss appeared for the Crown. The appeal was on fact and law, and was in the nature of a rehearing. After hearing the evidence of the Crown witnesses a:.d Ihe appellant, Mr. JinJic" Smith allowed the appeal. He said that there was really no corroboration of the story told by the Crown's principal witness, Henry Joseph August Berthold, who was in law an accomplice, and who had, in some resjiei ts. given evidence diffi rcnl from that which he gave in the Lower Court. The more absence ot Dwyer's card from the ballot register could not be held to amount to corroboration. and Dwyer had denied Berthold's allegations. There was suspicion, no doubt, it might even be said grave suspicion, but suspicion was not enough, and the Court rdust administer ihe principles of criminal law. His Honour said he was satisfied that a jury hearing the evidence and directed by a Judge would not convict. The appeal of Herbert Edward Howard, who was convicted by a magistrate of offering a bribe, was withdrawn by his counsel (Mr. J. A. Scott >.