THE MERCER MYSTERY.

Auckland Star, Volume XXXVI, Issue 32, 7 February 1905, Page 5

THE MERCER MYSTERY.

GRAND JURY THROWS OUT THE BILL. q f AKOTHEB LEGAL POINT t RAISED- \ 1 The grand jury this morning return- , d a "No bill" in the charge against William Murton. a dai-utter, of mar- 1 ering an old woman at Mercer. , 1 When the foreman of the jury (Mr '•■ Kent) announced their decision to!" he Judge in the main Court, the Crown "Toseeutor (the Hon. J. A. Tole) asked .'hether this decision covered also a ossible charge of manslaughter, as it |' rouid be his duty to Iky an indict- 1 lent for manslaughter. The foreman of the jury replied that he jury had come to the conclusion 1' hat there was nothing whatever to | onneet the prisoner with the violence | vhich was believed to have caused the j voinan's death. Judge Edwards said the decision evilently covered any charge of manlaughter also. The Crown Prosecutor said he had j >een informed that the grand jury had ome to their conclusion without havm_ examined all the witnesses. He I understood seven or eight witnesses lad not been examined by the grand I ury. and if this were the case it was lis duty to point out that they could i lot throw out a bill without examining | ill the witnesses named on the back j >f the indictment. The grand jury ! ruuld find a true bill without examin- j ng all the witnesses, but they could j lot throw out a bill without examin- j n_r every one of them. The foreman of the grand jury replied that he had made careful inquiry | in this point and ascertained that ) there was no legal liability on the i rrand jury compelling them to exam- I irie all the witnesses before dealing j with a bill. His Honor said he would reserve his leoision on the question which had been raised. THE CASE SENT BACK. This afternoon when the Court re-.s-ernbied alter luncheon His Honor sent for the Grand Jury, and requested rhem to reconsider their decision, it vas the English rule, he said, that the Irand Jury should examine all the wittesses before throwing out a bill. If :hey did not do this it was calculated ;o throw doubt upon the administration of justice. Mr Kent i foreman* said they would ac very pleased to act on His Honors lirection. and the jury then again reared.