THE KINDER MURDER.—NEW TRIAL GRANTED.
The argument ia this case was yesterday . resumed : and concluded, the Court being densely 'Crowded from first to last. ' The ’ Court held'(Mr Justice Hargrave dissenting) ’ that the first jury empanelled in this, case ■■ had been properly discharged by the Chief 1 Justice, and that judgment could not apod ' this-poiut be arrested. They were all of i opinion, however, that’ it w'as competent to ' the Junior Puisne Judge- to withdraw bis decision if lie thought fit',' so that a new trial might be granted upon the first point raised - by the, rule nisi. Mr Justice Eaucett (the Junior Puishe' i Jadge), : although iuclined to ~ d liter from "his col leagues' as to- the ; existence of this power,'acted upon their decision, and, ! . upon the authorities cited* -felt constrained ' to withdraw his opinon; A new trial was thereupon granted upon the point in question. —tliat certain evidence had been improperly ’ read from the judge’s notes. The verdict was ordered to 1 be vacated,' and d venire ■awarded for the trial of' the prisoner in May • next, prisoner to remain in his present custody during the interim.—Sydney Morning Herald, 20th March.
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Hawke's Bay Times, Volume 7, Issue 366, 9 April 1866, Page 1
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192THE KINDER MURDER.—NEW TRIAL GRANTED. Hawke's Bay Times, Volume 7, Issue 366, 9 April 1866, Page 1
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