JAMES’ TRIAL

Hokitika Guardian, 17 November 1933, Page 3

JAMES’ TRIAL

PARTICULARS: OF QUESTIONS

REMARKS BY HIS HONOUR-.

(Per Presi Aanocwcion — Copyright.)

WELLINGTON, November 16. Questions submitted to the Chief Justice by the jury not mads knoAvn in the open court last night Avere released by his Honour at the sitting of the court this morning. . He said he had been advised that the Registrar Avas asked last night by a reporter of one of the neAvspapers ror questions asked by the jury. The registrar very properly thought he ■ought not to hand the questions, out without reference to the court. “While,” said his Honour, “I thought it proper not to read the questions last night, at the same time it may be that the answers I gave cannot be completely understood Avithout the question. The questions referred- to by his Honour AA-ere, -first, the '.maximum sentence for -manslaughter is there a case in New Zealand history under the present legal system where a man, found guilty of murder -with a recommendation for mercy, has been

hung. Mr Leicester, counsel for James, \ asked his Honour if, in forwarding the jury’s strong recommendation to mercy to the- Executive Council, lie s would forward also the t-Avo questions. His Honour said the whole matter of - the -report Avas one entirely for him, ■ and he could not discuss that matter. During the course of the trial one • of the Crown witnesses, a college student, in answer to the Crown Prosecutor, said heihad seen a photograph ; in the AA’eekly paper before he went to the identification parade at the police station Avitli the object bf seeing if he could pick out the men he had seen outside the house in Ohiro Road where James Avas living. The Chief Justice said that although he did not propose making any comment at that stage, he might have something to say about that matter later. To-day he referred to this question, and also to the subject of -the publication of photographs of accused persons, generally. - His Honour said he thought that on tAVo previous occasions in murder cases he indicated a Warning note jn the interests of justice and on one occasion, lie well remembered the Attorney General of the day caused a pronouncement ‘at some length to be given out bp newspapers The practice was one that must be I checked. If- is was not he felt that some day or other it Avould result in j the' miscarriage-'of justice. "if‘l’can Say nothing about this particular case, because I don’t knoAV the said his Honour, .“except this, that it is for the Crown "law officers to' look into the matter, and decidpi; what, |f -Any, action should be.tfiken. Mr Evans Scott' avli 0 was representing the Crown, and to Avhom his Honour’s remarks were addressed, said -he wQAiid mention the niatter to Mr iVLusassby. " j”, .....