A STIFF-NECKED JURY.

South Canterbury Times, Issue 2133, 23 January 1880, Page 3

A STIFF-NECKED JURY.

A .most extraordinary instance of a jury attempting to over-ride the ruling of on a question of laiv, has just been afforded in Dunedin. In the District Oq.urt:yesterdayi before Judge Harvey, and a jury-of' four, die case of Maurifie Toqdut v. The N e.w Zealand, Insurance .Coijipaiiy, 'was heard. Plaintiff, a publicaih, who had been burned out, claimed £2OO/ oh" a policy of insurance.

The defence was that Tondert .who had insured in other offices 1 hid not complied with condition r No. 9 in the policy, which provided that notice of insurance effected in other companies should be given to defendant.

Mr Smith, the plaintiff’s counsel intimated that if on this point His Honor felt disposed to nonsuit the plaintiff, he (the learned counsel) could refuse to accept a nonsuit. , His Honor might think That Though‘equitably the plaintiff was entitled to recover, he Was not legally. Now, he-would point out that there were hundreds of cases where juries had returned; verdicts in the teeth of such direction, Ancl it was open to the jury in this case to return a verdict in equity, and leaVeAlie legal question to a higher court. He never adyised juries to receive but with respect any tiling that fell from tlie judgment seat, hut he might say that there were extreme cases in which a jury was justified in returning a verdict against the direction of the judge. ■ ( , . Mr Macassey: That it is one of the most extraordinary,, propositions of which I have, ever heard. Mr Smith,: This interruption is most mpertinent—l will not have it. ‘ I beg that you will sit down and not, interrupt mj r address. Mr Macassey : I shall not sit down. I rise to submit that you are not to address the jury in such a.manner. His Honor i It is not usual. Mr Macassey : 1 would ask your Honor’s ruling on the point. His Honour: I rule that it is riot a regular and'proper course.to advise the jury to disregard-The direction: of a judge. If ibis persisted in, I shall have to direct Them to disregard, what falls from (he learned counsel. Mr Smith : Your Honor may of course do ;so,,but I. submit, that the jury are justified in taking the bit in their own, mouth and saying “We will return,a; verdict based on the justice of the case.” • The plaintiff having given his evidence, Mr Macassey, for the defence, contended that Tondut had not sued for his rights, .within the time specified in the policy,where disputes occurred, and on this ground he claimed a nonsuit. At this stage of the proceedings the Court adjourned, and, on resuming, His Honor said : I .have considered the case cited by Mr Macassey, Webb v. the New Zealand Insurance Company, I think there should he a nonsuit. Mr Smith: I decline to be nonsuited.

Mr Macassey-, asked his Honor to direct the jury to return a verdict; for the defendants. .

His Honor addressing the jury said ; Gentlemen, I have to direct you in this case that . there is no evidence to go to you on behalf of the plaintiff—that is to say, there are two rules or conditions according to which he is stopped from recovering-—the 9th condition and the 17th. Of .course it may be a very hard, the plaintiff being a foreigner, but I am here to direct you on the law. I have therefore to direct the jury to return a verdict forthe defendants. _ ; The foreman of the, jury : The jury is prepared to bring in a verdict for the plaintiff,- Of course, if your Honor SayS -rr ,! ■ . -Mr Smith submitted that, notwithstanding the direction of the judge, the

jury coiilcUbring‘-0A .the' justice...and the case. It _was by ho mea|i| compulsory on the jury to find a; ,yerflift for yhe His Honor ; I direct them to'do so.

Mr Smith : Precisely so ; but that is merely a technical direction your Honor. The foreman of the jury : Well, your Honor, we can find no ‘other verdict, and leave the law in your hands. We find a verdict for the plaintiff. Mr Macassey : We ask that the ri'aihes of the jfoqr jurymen, may.be.re-, corded for future reference. r His Honor : Your verdict for what? The foreman of the jury : The whole amount —£200.

' His Honor (addressing the jury) : You can retire’ if'you wish to reconsider your verdict. My direction to you is that you ought to find in accordance ;wifch the ruling of the Court. ; The jury retired, and on re-entering tlie' Court, abolit ' half ah hour after’Wards, they were asked if they had agi'eed upon tlieir verdict.

The Foreman: We can come to no other decision, your Honor. The Clerk of the Court: That is a verdict for the plaintiff.

The Foremen : Yes. Judgment for. plaintiff for the full amount claimed, and costs, £ls. : Mr Macassey asked his Honor to suspend execution, and gave notice of his intention to move for a new trial.

It will be seen from our telegrams to-day; that a new trial has, been granted.