An Otago Jury in the Olden Time.

Cromwell Argus, Volume 2, Issue 85, 27 June 1871, Page 3

An Otago Jury in the Olden Time.

A midnight raw and fight had occurred at a sailor's public-house in Otago, in g which cue of the earliest colonists, a o Scotchman, was killed in an encounter I with a foreign sailor. The coroner issued i his warrant, and the prisoner was com- r mitted for trial. When the case came before the judge, it was seen to be clearly { one of manslaughter; but one of the jury c took a different view of the matter, con- t tending rather vociferously in the jury- r box with his colleagues that it was hint*der. The judge therefore desired them f to retire and fully consider the verdict. \ The court-house at Otago in those early ■, days was a wooden erection; and the $ authorities, not calculating on jurymen \ disagreeing amongst themselves, had made f no provision for an apartment to which \ they could adjourn. Under these circum- \ stances, a room was ordere:! for them in ( Donald Ross's public house. 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 fjr him, which, ] on rejoining his 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 \ j recollect that the " puir murdered man , i was a Scotchman, ane o' their earliest j | settlers, lloosver, my friens, you'll sae ; far agree wi' me, that it is dry ; drouthy - wark, and I propose that before we begin we tak some whuskey." This wa* unanimously assented to: the hand-bell was rung, and the floor stamped upon for , Donald Ross, the landlord, also a Scotchman, who quickly obeyed the summons, j "\Noo, Ross, let's hae some o' yer vera '■ I best whuskey, for we are a' terribly . drouthy wi' that bothering job in the coort, and we canna settle the matter , there, and we are ganging to try what we can do here." The whiskey was soon brought and despatched, when the foreman reminded them that they must now set to work seriously and settle their verdict. Thci.: ob&t'nat* frien 1 confined himself to one p in", and admonished them never for a mcnie it to lose sicht o' the fact that " the 'puir m lrdered man wis a Scotchman, an I o' earliest settlers." . . . The foreman an 1 the rest of the I enlightened panel were now quite at a loss j 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 mova that we hae some mair | whuskey, for never since I cam to the j colony was I ever mair exhausted by ony | thing than this.'' The proposal met with )to dissenting voice, and Donald soon enj tered with a fresh supply o' whuskey. | While this was being discussed, the eye of i th<s obdurate juryman settled upon the hafl thffl ca jH ml \M m.al couW so H suclH - untß theiH " on H t!l0 SB thetoremttn^nsisteu^mTwj^^ unsettled position of the verdict, on re- { turning to the Court, where lie took upon - himself the responsibility of stating to the 3 judge that they had agreed upon a verdict 3 of manslaughter, for the wiskey had so 3 far a good effect on the pertinacious jury- ", man as to render him nearly tongue-tied, v for all lie could manage to lisp out was . that ; ' the puir murd:red man was a , Scotchman, and ane o' their earliest i settlers;" but he was utterly incapable, thanks to the whuskey, of proceeding with his original view of " wilful murder," 1 as contradistinguished from manslaughter. '' —•" Reminiscences of Fifty Years," Jly Mark Boyd.