PURGING JURY LISTS

Dominion, Volume 7, Issue 2120, 11 April 1914, Page 6

PURGING JURY LISTS

HOW DONE, AND WHY COMMISSIONER CULLEN INTERVIEWED CAREFUL POLICE . A good deal of interest has been aroused locally in connection with purging of jury lists, ns on outcome of the action taken by Mr. Kettle, Stipendiary Magistrate in Auckland, over tho elimination of names from tho jury list by tho police in that city. • In connection with this matter, Commissioner Cullen stated to a Dominion reporter on' Thursday, in answer to an inquiry, that tho system followed in Auckland was tho same that was in force all over the Dominion, and, further, stated that it is fcho only method in which jury lists can bo compiled so as to ensure that thoso impanelled are reputable citizens with the capacity, mentally and physically, to eit in judgment on a person undergoing trial. Mr. Cullen says that thero aro many people, for example, whose hearing or eyesight aro detective, and who in some other physical regard, niay not be deemed to be eligiblo as having their wits about them. Then, again, their moral character may not be good. It would bo obviously absurd to put moral defectives in the jury box, . and the pcJieo, through their more or less intimate knowledge of tho character of such people, wero the best able to judge ns to whether they can bo regarded as eligible to servo on a jury. The Juries Act sets out.that those listed for juries must bo of "good fame and character," and if the police wero not to ascertain who yxere ■ undesirable in that regard, whose duty was it? It was hardly a matter, he thought, where specific names could bo mentioned, and the reasons for their non-inclusion in the lists stated in public.

Commissioner Cullen made it very clear, too, that there was an army of the publio exempted from service on juries, and these had to be consideredr Generally a rough list was prepared by j the jury officer (the Clerk of tho Court), which was handed over to the police, and through the medium, of sergeants,' senior constables, and detectives, tho list was gone over carefully, tho names of undesirables and ineligibles wero struck out, and the revised list-was returned to the Jury Officer. As to exemptions and disqualifications, the Juries Act, 1903, eays: "Section 3— Except as hereinafter otherwise provided, every man between the ages- of 21 and 60 years who is of good fame and character, and who resides within New Zealand (not being a Maori) is liable and/ qualified to servo as a juror upon all jurie3 which may be impanelled for any trial within the jury district in which such person resides." Section 5 states:—' "Tuo following persona are not qualified to serve on any. jury in any court or on any occasion:— "(a) Anyono who is'not a natural born or a naturalised subject of his Majesty. "(b) Anyone who has been convicted of any infamous crime or of treason, or of any crime formerly punishable as felony, unless he has received a free pardon. "(c) Anyono who is an undischarged bankrupt. ■ "(<l) Anyone who is of bad fame or repute." ' The exemptions from jury service are set out ia faection 6 as rollow:—

"(a) Members.' of .'the 'Executive Council of New Zealand. "(b) Members of either House of the General Assembly. "(c) Judges of the Supremo Court, tho- Judge of tho Court of Arbitration, Judges of District . Courts, Judges -of Native Land Courts and Magistrates. "(d) Clergymen in holy orders, and persons who teach or preach, in any religious congregation, and who do not follow any secular occupation except that of'a schoolmaster. "(e) Schoolmasters and inspectors of schools'. "(f) Barristers and solicitors duly admitted and actually practising. "(g) Physicians, surgeons, medical practitioners, and dentists legally qualified and actually practising. "(h) Persons holding any salaried or'paid office by appointment of tho Governor. "(i) Coroners, gaolers, and constables. "(j) Licensed pilots and also masters of vessels actually employed in the servico of the Government, or by virtue of any contract with tho Government. "(k) Persons ia his Majesty's Army or Navy on full pay. "(1) Members of the Defence Forces, with tho exception of members of Defence Rifle Clubs. "(m) Visiting justices under the Prisons Act, 1908. "(n) Persons appointed by the Postmaster-General, under and for the purpose of tho Post and Telegraph Act, 1908. "(o) Masters of 6hips as defined in' the Shipping and Soariien Act, 1908, and all seamen, actually em- ~ ployed therein." Section 8 deals with the exemption of members .of fire- brigades, and tho succeeding Section with tho exemption o! engineers in charge of districts, traffic managers, stationniasters, guards, engino drivers, firemen, signalmen, porters, shunters, inspectors, gangers, foremen, and shop managers. Section 22 "is seemingly the Section under which the Auckland police havo been acting in purging the lists as narrated in the telegraphed reports of tho inquiry at Auckland. The Section rends: — ' "If the name of any man not qualified and liable to serve as aforesaid is inserted in any such list,, the Justices shall .... striko his namo out of the list, and shall also strike thereout tho names of men disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body from service on juries." Commissioner Ciillcn. on being questioned, said that the exemption of members of tho Defence Forces meant that every person connected with .the Territorials could obtain exemption, as the stipulation was all members of the Defenco Forces, except members of Defence Rifle- Clubs. Ho also dwelt on tho number of undischarged bankrupts that wero not eligible to serve. Tho purging of the lists, he maintained, was only an exemplification of tho caro the polico took' in preparing them in order to secure a jury who were fit and proper persons to'"well'and truly try.