RELATION ON JURY.

Hawera Star, Volume XLVIII, 27 November 1924, Page 2

RELATION ON JURY.

DISCOVERY IN COURT. The discovery that one of the members of the jury was a relation by marriage of the accused in the dock led to air unexpected denouement in. the trial •at New Plymouth on Tuesday of Heaton Clyde Burgess, a chemist’s assistant of Stratford, on a charge of having unlawfully used an instrument with intent to procure a miscarriage. His Honour Mr. Justice MacGregor discharged the jury without calling on them to give a. verdict. The jury had been out for about half an hour considering their-verdict when the discovery was made by one or some of their number, The court officials were' notified, and on His Honour resuming his seat on the bench the jury was called in. Addressing the foreman (Mr. E. W. Goodall) His Honour said he understood that the jury wished to indicate something to him. He did not wish the foreman to mention names, but indicate broadly what the trouble was. Mr. Goodall: We have discovered that one of the jurymen is a connection of the accused by marriage. Hi& Honour said he thought the jury had done quite right in telling him of the position. It seemed to him that it was his duty to discharge the jury without taking a verdict. He did not think it would be fair that a man in such a position should be asked to give a verdict. Addressing counsel, His Honour said he thought lie should act under section 431 of the Crimes Act, which .said that in cases of emergency or accident the judge should discharge a jury without taking a verdict and order the accused to appear for trial at the same sitting of the court. ' Quoting Halsbury’s Laws of England, Mr. P. O’Dea, who appeared for the accused, drew attention to a statement that the fact that a relation of the accused was found to. he ’on the jury was not considered a good ground for discharging a jury. His Honour said this rule did not apply in New Zealand, where it had been definitely laid down- what action should be taken in such circumstances. He also drew attention to the case of at similar l nature which had occurred at Auckland recently. Mr. O’Dea agreed with His Honour, remarking that he had merely quoted the case to draw Hi.s Honour’s attention to it. The jury was accordingly discharged, Burgess being released on bail and ordered to appear for trial on Monday, December 8. to which date the court lias been adjourned.