AN OTAGO JURY IN THE OLDEN TIME.

Auckland Star, Volume II, Issue 482, 27 July 1871, Page 2

AN OTAGO JURY IN THE OLDEN TIME.

A midnight row and fight had occurred at a sailor's public-house in Otago, in which one of the earliest colonists, a Scotchman, was killed in an encounter with a foreign sailor. The coroner issued his warrant, and the prisoner was committed for trial. When the case came before the judge, it seemed to be clearly one of manslaughter; but one of the jury took a different view of the matter, contending rather vociferously in the jury-box with his colleagues that it was murder. The judge therefore desired them to retire and fully consider the verdict. The court-house at Ota<*o in those early days was a wooden erection ; and the authorities, not calculating on jurymen disagreeing amongst themselves, had made no provision for an apartment to which they could adjourn. Under tbesc circumstances, a room was ordered for them in Donald Ross's publichouse. On his way to the hostelry, one of the jurymen, who resided in the country, called at a shop for a parcel that was lying for him, which, on rejoining hisf brother jurymen, he placed in the corner of the room. . . , The obstinate juryman began by making some slight apology for having given so much trouble in the matter, but they must recollect that the " puir murdered man was a Scotchman, ane o' their earliest settlers. Hooever, my friens, you'll sac far agree wi' me, that it is dry, drouthy wark, and I propose that before we begin we tak some whuskey." Ihis was unanimously assented to: the bar.d-bell was rung, and the floor stamped upon for Donald Ross, the landlord, also a Scotchman, who quickly obeyed the summons, " Noo, Ross, let's hae some o' yer vera best whuskey, for we are a' terribly drouthy wi' that bothering job in the coort, and we canna settle tho matter there, and wo are ganging to try what wo can do here." The whisky wa3 soon brought and despatched, when the foreman reminded them that they must now set to work seriously and settle their verdict. Their obstinate friend confined himself to one point, and admonished them never for a moment to lose sicht o' the fact that " the puir murdered man was a Scotchman, and ane o' their earliest settlers." . . . The foreman and the rest of tho enlightened panel were now quite at a loss how to proceed. " Weel, as I see," said their refractory friend, " that this affair will occupy a good while yet before we can agree, I move that we hae some mair whuskey, for never since I cam to the colony was I ever mair exhausted by onything than this." The proposal met with no dissenting voice, and Donald soon entered with a fresh supply o' whuskey. While this was being discussed, the eye of the obdurate juryman settled upon the parcel in the corner of the room. " What hae you got in that large paper, Mac ?" " 00, that's ma fiddle : I brocht it into the toon last week to be repaired, and I called for it as I was coming here." " Oh, man, it is a long time since I heard ye play tho reel o' Tulloch.'*" " Noo, Mr. Foreman, what div ye say to a little music?" "Weel, I hae nae particular objection, but we must not forget tha£ wo must soon get back to the coort." The reel of Tullochgorum was played in Mac's best style ; and my narrator ably described my countrymen beating time with, their feet so lustily, and accompanying this with such Highland vociferations, to which until that day he was a stranger, that there was some pcrd of Donald Ross's floor giving way. The music over, and the second supply of whusky finished, the foreman insisted, notwithstanding the unsettled position of the verdict, on returning to the Court, where he took uponhimßelf the onus of stating to the judgethat they had agreed upon a verdict of manslaughter, for the whisky had so far a good effect on the pertinacious juryman as to render him nearly tongue-tied, for all he could: manage to lisp out was that " the puir murdered man was a Scotchman, and ane o' their earliest settlers;" but he was utterly incapable, thanks to tho whusky, of proceeding with his original view of " wilful murder," as contradistinguished from manslaughter.—Reminiscences of Fifty Tears; 1' by Mr. AT. Boyd.