THE HAGGERTY TRIALS AT WELLINGTON.
A Wellington telegram which appeared on Tuesday mentioned that the thir l Haggerty trial had been postponed till Thursday. The ease is one of such peculiarity that some further particulars than those which have already appeared are worthy of publication. On the Supreme Court resuming on the sth instant, the second jury in the case, after being locked up all night like the first jury, staled there was not the slightest chance of agreeing, four being for conviction and eight for acquittal. The Judge discharged the jury, and asked if the Crown wished him to exercise the power he poss ssed of ordering a trial for the third time. Mr Bell stated on behalf of the Crown that he wished his Honor to exercise his power, as it was possible evidence might be adduced which would enable a jury to come to a decision one way or another. The case having been heard before two juries ho would not make the request unless ho thought he could procure fresh evidence, and he would apply that it come before the piesent sitting of Court, but before a fresh panel. A juror had sat upon both juries. Mr Gordon Allan, for the prisoner, admitted the power to order a trial a third time, but thought it should not be exercised on the part of the Crown. Nothing had been stated to show there was any really new evidence to bring forward. As the prisoner had been tried twice and the case had been fully and fairly investigated he should not be tried a third time. The Judge said he could not discharge the prisoner upon the indictment. That could only bo done by the Crown, by whom fresh evidence had been promised to be adduced. Twenty-three persons had been charged with the prisoner’s trial. A portion of these were convinced he was guilty, but proof was wanting; whilst others were of opinion he was not guilty. On what grounds they were of opinion that the prisoner was innocent was more than he could say. In fact, as matters stood he could not state that any number of persons were of the opinion that he was innocent. The case was one of considerable difficulty. A great principle was at stake in the matter. He exceedingly regretted being obliged to decide upon the case ak n ■, but had great consolation in thinking that the decision could be reviewed. 'Taking everything into consideration he had come to the conclusion that lie should not give prisoner his discharge at present, and therefore he would order him to be tried a third time before the present sittings of the Court. It would be improper to delay the trial longer, and unfair to keep the charges hanging over him. He therefore would fix Monday next for the trial, with the understanding that it might be postponed to a further day. He was anxious that if possible the trial should take place berfore another Judge and another jury.
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https://paperspast.natlib.govt.nz/newspapers/GLOBE18771011.2.16
Bibliographic details
Globe, Volume VIII, Issue 1028, 11 October 1877, Page 3
Word Count
504THE HAGGERTY TRIALS AT WELLINGTON. Globe, Volume VIII, Issue 1028, 11 October 1877, Page 3
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