Counsel for the Defendant.
' Mr. Solomon, in tho course of his reply, submitted that it was the duty of tlio Court to take the finding of the jury in conjunction with tho whole case and tho summing-up of the judge, and it was the prorinco of the Court to ascertain, if it could, what tho verdict of tho jury amounted to. It was impossible to come to any other conclusion than that the jury, , in' tho light of-the summing-up, intended to give a verdict for tho defendant, and no exception could bo taken to tho undoubtedly souuei ruling of the learned judge. Rarely had they found a. jury, which followed tho summing-up of a judge bo clearly and intelligently. Counsel quoted a number of authorities, and, proceeding to'other points, emphasised the dictum:of l one .learned judge, that the jury wero not bound to accept the opinions of witnesses.
The Chief Justice, in this connection, remarked that if tho jury had to adopt the opinions of witnesses, that would bo making tho witnesses the jury.
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https://paperspast.natlib.govt.nz/newspapers/DOM19110513.2.64
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Dominion, Volume 4, Issue 1126, 13 May 1911, Page 6
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174Counsel for the Defendant. Dominion, Volume 4, Issue 1126, 13 May 1911, Page 6
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