PANEL EXHAUSTED

Rotorua Morning Post, Volume 2, Issue 317, 2 September 1932, Page 5

PANEL EXHAUSTED

UNUSUAL POSITION IN HAMILTON SUPREME COURT L , Hamilton, Thursday. An extraordinary position, rare in 3 the annals of judicial proceedings in 5 New Zealand, arose at the Supreme 3 Court, Hamilton, late yesterday af- " ternoon, when it was found that the [ whole of the jury panel was exhaust- ^ ed with only 11 jurors in the box. : Qounsel for plaintiff had challenged five jurors and o'pposing counsel h'ad also challenged five. As soon as he discovered the names were exhausted the registrar, Mr. G. S. Clark, informed Mr. Justice Smith and His Honoui ordered a "tales de cir cum stanfibu s , ' : a rare procedure which is traeeable baclc to a statute of Henry VIII. The registrar ordered the doors of the * courtroom to he locked and no one - was allowed to leave. I The Sheriff then called upon all hya standers present who resided withir ■1 the jury district and were qualified tc e act to come forward and give hin e th'eir names, addresses and occupay tions. In the normal way these person? s would be added to the jury panel, bc t duly sworn and then balloted for ii s tbe usual manner to fill the vacancies e However, it was found that all by - standers were either witnesses or in terested in the case and the Regis I, trar called upon Mr. S. W. Tallis, th f Court messenger, to act on the jury t- Mr. Tallis, was duly sworn and a; is he was not challenged hy either coun r sel he took his place with the othe: eleven jurors,