PURITY OF JUSTICE

Marlborough Express, Volume LX, Issue 229, 28 September 1926, Page 8

PURITY OF JUSTICE

NO SHADOW OF SUSPICION. DISCIIARGE OF A JURY. Remafkmg that the purity of justiee demanded that there sliould not he the shadow of a suSpicion, Judge Moule discharged a jury in a partheard case1 wlien the Cblirt of General Sessidns resumed in Melbourne ■one moraing recently. The trial of two voung men on a eharge of assaidt with intent to roh had hegun on tlie previous afternoon. Wlien the time eame for adjournment for the uight Hihc iuroi's were allowed to disnerse.

Wlien the trial was resumed next morning T\fr Soroule. the Crown prosecntor. s.aid that there was a crave matter to which he desired to direct nttention. After the Court had risen on the urevious day a plainriothes constahle, who1 was a witness in the case, had seen the fatlmr of "ne of the ancused (Frank Leslie Readl approach a juryman who was serving on the ca.se, sliake hands with hiiii. and engage in conversation. The plain-clothes constnble then heard the fatlier say: "I. will see you again later." Judge Moule said that this was. a very serious matter. He eduld not allow the slightest suspieion to arise that the course of iustice was heing interfered wqth. There was a strong suspieion of improper conduct, and that must not he allowed to exist. The ineident might merelv liave consisted of shaking and askih'g "How (do von do?" but was doue hy the fathier of oue of the persons on trial. and it aroused such a douht in his mind that he thought that he sliould diseharge the jurv. The ourity of iustiee must not have the shadow of susniciou east upon it. yTr Schilling, whio defeuded the voung men on trial, said that he thought that some evidenee should he suhmitted. He did not thiiik that it should be nssumed that a. iuror must necessarily he influenoed hy reason of the fact that the .iuror happened to know the father of on aceused person. A juror eould he a friend and still be true to the oath which he had taken. Judge Maule said that the nuesfion of hias had heen raised, and it would be unwise for a Judge to allow that suggestion to remain. Constahle Ferguson said: I know the father of the acetised man Read. The father spoke to two jiit'vnien. T saw hira shaking hands with one; and, after the conversation . which lasfced for some minutes, T heard hira say, "Verv well , T will see you later." T spoke to the father and tohi hira that he had dorie an imnropcv thing in sneaking to a juror. Read replied. "I know that iuryman. T have worked With him." Judge Moule tohi the jurv that he eould not oermit an,v susoicion that the administrition of justic* was heing interfered with. He felt it his dutv to diseharge the jury. The aceused werie thereunon remand.ed to nppear for retrial at the next sittings of the Court.