Unusual Happening Daring Court Hearing

Manawatu Times, Volume 62, Issue 40, 17 February 1937, Page 4

Unusual Happening Daring Court Hearing

ACCUSED’S BROTHER SPEAKS TO JURYMAN. JURY DISCHARGED. Per Press Association. WANGANUI, Last Night. A brief conversation between a member of the jury and the brother of an accused person, resulted in a jury at the Supreme Court, Wanganui, being discharged to-day and a fresh trial begun with a new jury panel. His Honour, Mr. Justice Smith, directed such a course to be taken to safeguard the administration of justice. Tho accused was Paul Nodwell, a single man, aged 57, charged with wilfully setting lire to his dwelling house. Tho case was nearing its end and accused had givqn evidence and wus about to be cross-examined by the crown prosecutor, Mr. N. K. Bain, who said he regretted to report that a brother of accused and a member of the jury had been seen in conversation just outside the Court room as the jury were dispersing for lunch. His Honour: In that case you had better call evidence. Detective James Murry deposed that he saw the two conversing and that ho told the member of the jury, William Warren, he deemed it his duty to report the matter to the crowu prosecutor. Warreu, in evidence, Bttid that lie and accused's brother bumped into each other as they were going out of the door. All they discussed was the weather. He had known accused’s brother some two months. John Henry Nodwell, brother of accused, gave similar evidence, denying that the case had been discussed but merely the weather and passing tho time of day. Mr. Bain: Did you know Warren was a member of the jury? Witness: I did not know. Counsel; Were you in Court during the two days the ease has been on I Witness: I came in just after the start but from where I was sitting I could not see the jury. “The main difficulty for me to determine is whether accused's brothor knew Warren was a member of the jury," said his Honour. “It seems extraordinary to me that he should not have known that. I think, though lam not prepared to say beyond any doubt, that accused's brother knew Warren was on tho jury. In such circumstances it is important that a principle should be uphold that there must be no conversation between members of a jury and members of the public during a trial. In those circumstances and in regard to the fact that it was accused's brother who spoke to the juryman, although they say they only discussed the weather, and accused's brother says he did not know he was talking to a juryman, I ought to take the responsibility of discharging the present jury. I think that is the proper course to take in the administration of justice. I find there is no evidence of any actual conversation between these two men but my view is that we cannot be absolutely certain of the object with which accused's brother spoke to the juryman. Under the circumstances the administration of justice would be best served by a new trial." The new trial was begun immediatol7-