SUPREME COURT.

Globe, Volume XXII, Issue 1836, 10 January 1880, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. Saturday, January 10. [Before His Honor Mr Justice Johnston.] The Court re-opened at 10 a.m. THS BIOT CASES.

His Hoc or, on taking his seat on the Bench intimated that he had made np hia mind as to the course he should pursue under the circumstances of the exhaustion of the jury panel. Mr Joynt asked his Honor whether he understood that counsel was not to be heard on the matter.

H s Honor said that he had, on the previous day, wanted counsel to give him the benefit of their advice, and to bring forward any authorities they might find on the point raised. There was no difficulty now, in his mind, and he did not really see how counsel could bo heard. It must be temembered that on the previous day he had reserved his decision, end now was prepared to state what conclusion he had come to. There was, therefore, nothing for counsel to argue. Mr Joynt would like, with his Honor's psrmissi n to say a few words. His Honor said he would hear what Mr Joynt had to say, but the Court had mads up its mind on the subj-ct, and therefore ho was unable to see how Mr Joynt could be hoard. He had not prayed s talcs. Mr Joynt would submit that the prisoners could not pray a tales. That was for the Crown to do.

His Honor was not quite clear on that point. However, he did not see how he could hear Mr Joynt.

Mr Jcynt said hia object in asking His Honor to hear him was that he might refer to the proceedings which had taken place on the preceding day, and not to those of that morning.

His Honor would hear Mr Joynt if his remarks were not irrelevant.

Mr Joynt said he was not in the habit of being either irrelevant or disrespectful, but he would now respectfully ask leave to refer to the remarks which his Honor had thought fit to make on the preceding day as to the challenges of the prisoners being made. He desired to say emphatically that none of the prisoners had joined together to defeat the Crown.

His Honor did not think that this was relevant, nor that he could hear Mr Joynt. Mr Joynt would submit that he had a right, standing there as counsel for the prisoners, to comment ou what his Honor had said, as it might prejudice the jury and the public against his clients. His Honor said that Mr Jcynt must not take what he saw in the newspapers a® a correct account of what took place. Mr Joynt—l was in Court your Honour myself. His Honor said that the Court must be firm in this matter.

Mr Joynt had no desiro for hia Honor to be weak, nor had he the slightest wish to speak to the gallery, but as a solicitor standing in his place and doing the best for the defence of his clients ho respectfully, and with all deference to tire Court, submitted that ho had a right to be heard. His Honor quite admitted this so long at it was relevant. This he did not think was so, as he was now prepare! to state what course as at present advised he should adopt. What was the next point Mr Joynt had ?

Mr Joynt did not proceed by points. He would say no more on that subject, but would contend that my learned friend representing the Crown was wrong in challenging peremptorily.

His Honor could not hear Mr Joynt on this. It was too late to speak on it now. If Mr Jcyut intended or wished to raise this he should have dcre so when the challenge wasmide. He (the Judge) could not alter the state of things now, as he had said hs temporarily reserved judgment on the preceding day, and was now prepared to say what course he should take. His Honor said he h ;d taken til the more pains to ascertain the law upon the subject which its gravity and importance deserved, as the law was spread over a Urge number of old bocks. It was astonishing how indefinite the law was, arising no doubt from the fact that the cises upon which the decisions were founded arose in such ancient days that the objections taken had been set at rest for ever. Ho was not going to give them a disquisition on the law of juries or tales, hut he might say that while it might b?, as Mr Joynt had sueses'ed, that the prisoners could not pray a tales, he was of oniniou that the law laid it

down —though he had not looked up the authority—that they might under certain ■circumstances. One thing ho had discovered, and that was that a tales de eircumsUntibiis ts not necessarily taken from persons iu the Court, but may be taken by the sheriff issuing summonses forthwith. It was a popular error, therefore, to suppose that only those in Court could be taken when a tales •was prayed. Now, with regard to the subject which the Court had had to consider. He was of opinion as at present advised that the law os laid down in the case quoted by him on the preceding day from Plowden was good law, and that the Court could have the prisoners tried separately by the same jury panel, each man having his challenges. But then a difficulty presented itself. The jury now before the Court could not be compelled to serve oyer that day, unless they commenced a case, when they would have to remain until its conclusion. It would manifestly be very inconvenient to •commence one of a series of twelve cases dc this way. But there was a way out of this, as they h«d another jury panel summoned for Monday next, which would be perfectly competent to try these cases. He therefore proposed to adjourn the Court until Monday next, when Mr Joynt could have the opportunity of joining his challenges, or if not, then the Crown could apply to have each one tried separately. The Court would now bo adj urntd until t liven o’clock on Monday morning. The Court then adjourned accordingly.