SUPREME COURT
A CASE ADJOURNED ETHICS OF TRIAL BY JURY , His Honour Mr- Justice Edwards presided at tho Supremo Court yesterday, when tho case of William M'Lcnnan, ot Ta-ihupe,■farmer v. Walter Julius Joigen.•wn, hotelkccper, Wellington, a claim for XBIO, was set down for hearing before a-Judge alone by'consent of .the l>urtiee. . ■When the case was railed His Honour asked how the case came to be fixed for trial brt'ore a Judge alone. llr. Blair, who appeared for the plain-till.-stilted that tho ense was originally ■set down for 'hearing before Judge ana jury, but" owing to the difficulties of getting u fixture beenuse of witnesses having to come from a distance, by arrangement between the parties it was agreed that the hearing should take place before nJudge alone. This arrangement, was coninninicaled to the Court and'a fixture was made. A day or so before the duto of the-fixture Mr. J. J. M'Gralh,- who , was noting'as. counsel for the defendant, had a serious breakdown iii health, and the ease' was therefore postponed and naturally remained on the list"for hearing before a Judge alone. His Honour asked if there was likely to bo , any conflict on questions of fact, and Mr. 'lllair intimated tlwt until that day there was little or no conflict on the hint?, but he had learned that on one point- there might be a eenous conflictand tho mutter would depend upon the credibility of two witnesses. ■His Honour indicated that it was undesirable' for eases in which there was conflict on the-facts'to be tried by a Judge. ■ alone, and after ascertaining whether an adjournment would cause any inconvonienco to the parties. His Honour adjourned the ease until tc-(lay. when it will be taken before Judge and jury. ' ' '" .'
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Dominion, Volume 13, Issue 46, 18 November 1919, Page 2
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288SUPREME COURT Dominion, Volume 13, Issue 46, 18 November 1919, Page 2
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