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To the Editor of the " Evening Mail." Siu— l must crave space to dissent from several of the statements in Mr Hackett's letter of laat night re the recent inquest. Mr Hackett, I have no hesitation in saying, is out in his prelusive flourish, out in his serious assault. He blandly informs the public that "the jury, including himself, being stubborn insisted on their language and sense being entered as the verdict." As a matter of fact I took the sense of the jury individually and found eleven out of thirteen jurymen quite willing that the verdict should be entered up in the usual legal phrase and in accordance with the evidence. It thus seems to me that the "deadlock" was caused by the stubbornness, not of the jury, but of Mr Hackett and another, whose intelligence, though high, I could not allow to over-ride the combined intelligence of the rest of the jury. I append below the complete li3t that the public may see there were other intelligent men on the jury besides Mr Hackett. With regard to the cause of death there can be no manner of doubt, as the following quotations from the depositions will show. Dr. Boor depones—" I do not think the kick was the cause of death." Dr. Marks, who made the post mortem examination, says— " I believe Captain Heffer died of heart disease. I believe indigestion was caused by the blow." Mr Hackett asserts that the form of the verdict suggested as the proper form " was different in language and sense from that agreed on by the jury." I admit there was a desire to alter the language, but I do not admit there was any desire to alter the sense. There was also on my part a desire to word the verdict, so that there need be no necessity to take any further steps against the person inculpated in Mr Hackett's written verdict. The inquisition must be certain as to when, h;w, and ty what mtans ; it also requires that the name, surname, &c. of any person inculpated be stated in full. Mr Haekett's pet written verdict contained neither the when nor the requisite description of the person inculpated. Yet so wedded was Mr Hackett to the ipsissima vtrba of his verdict that he would not even permit the substitution of the word said for the word deceased, in the last clause which runs thus .— " Whilst the diceased, John Heffer, was in the performance of his duty." In justification of my reliance on Dr. Boor I quote from the New Zealand Justice of the Peace -.—"Justices casuallv acting as coroners will naturally look for'assistance to the medical witnesses." Though Mr Hackett assured me he had been a coroner himself in *ew South Wales, and had sat on over a huudred inquests, I confess that, under the circumstances, I preferred trusting to the guidance of one whom I have known intimately for many years, to trusting to the advice of one who is to me comparatively a stranger. I am, &c, J. Maps4t. P.S.— Jurymen : Messrs Hackett, Thomson, Hounsell, Moutray, Hall, Bond.McCabe, Turner, Haslem, Menary, Gatland, Good and Oxley. '

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https://paperspast.natlib.govt.nz/newspapers/NEM18791014.2.13

Bibliographic details

Nelson Evening Mail, Volume XIV, Issue 234, 14 October 1879, Page 2

Word Count
526

Untitled Nelson Evening Mail, Volume XIV, Issue 234, 14 October 1879, Page 2

Untitled Nelson Evening Mail, Volume XIV, Issue 234, 14 October 1879, Page 2

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