THE "UNWRITTEN LAW.”

Taihape Daily Times, Volume XI, Issue 3329, 6 November 1919, Page 5

THE "UNWRITTEN LAW.”

ADVICE TO A JURY.

NO JUSTIFICATION FOR CRIME.

CHRISTCHURCH, Nov. 5.

The unwl'it'tcn law, which juries sometimes have followed in pl'efel'ence to statute law, was referred to by .'His Honour, Ml‘ Justice Hel'd'nlan in the course of a. summing up at the criminal sessions of the Suprenie_’Court. this morning. - z

The case bcfére the Court was that Of Robert Knoft Elliot, who was charged with having discharged :1 revolver at his brother-in—law, Peter Mathias Peters, with intent to do him bodily harm, and also with having assaulfed Pdters 'b‘.-ecausje he (Pciters) wms knocking his wife about-'.

His Honour said no doubt all jurymen had a great contempt for a man who behaved like 2. cowardly bully, as Peters had ev,i-dcntly (Bone, and no doubt they had great sympathy with the IICCI.IS(‘d. However, these circumstances had nothing‘ to do with the case, and must not be eonsidei"ed by the jury. The jury must come to its decision in the light of the plain, cold facts of the case. His Honour alsopointed out. that it was not necessmy for :1 person to attack allother. "In the eyes of the law a threatening‘ action, such ~as the drzxwing of a. I'e~ volver, as accused had admittedly done in this case, constituted an assault; A man was not justified in drawing a loaded revolver, even if he were attacked 3'3"‘ another. The jury, however, returned a verdiet of not ‘guilty on both charges.