THE GRAND JURY.

Taranaki Daily News, Volume LIII, Issue 134, 15 September 1910, Page 4

THE GRAND JURY.

The opinions of Mr. Justice Edwards are acknowledged to be notably sound, and he has a habit of plain speaking that is useful and uncommon. When he eluded the grand jury at the opening of {lie local sessions, he mentioned that lie w.-is not one who 'belittled the function of such a jury because it stood between those who administered the law ami those who were subject to it. The functions of a grand jury and a petty jury are distinct, for the former has the extraordinary power of ignoring an indictment and of finding "no bill," the matter then being concluded and the parties cleared. The function then of the grand jury is to decide as to which cases shall be dealt with bv the petty juries. This is probaibly the point that the enemies of the grand-jury system chafe at. If the ancient Anglo-Saxons had no grand jury system they certainly had something like it in the method which their courts used. A man accused of,a crime had between him and a penalty for it twelve compurgators, who were chosen because they knew him and were his neighbors. No evidence was heard by them. They merely had to swear as to the character of the accused. A unanimous verdict that' lie was of such a character as to make it unlikely for him to commit a crime would effect his release from custody. It may be said that the grand jury system is at least a thousand times older than New Zealand, audi that it and the petty jury system have survived as being more democratic than that of placing the freedom of the person at the mercy of one man. Every form and ceremony necessary for impressing on a grand! jury the solemnity of their duties is carefully observed, and it is because of the very careful observance of ancient precedence in Courts that their power is impressed upon the multitude. The disciplinary procedure of the courts, apart altogether from the point that they deal with crime, is of infinite use, and it is hoped the day is far distant when any method that insists on respect for the law is relaxed. The jury system 'generally relieves one man of the responsibility of decision in grave matters. It is a" recognition of the right of an accused person to be tried by his peers. It is a safeguard against individual antagonism or "bias, and any method that disposes of any class of jury—except coroners' juries in cases where no violence has been done—would weaken the system of justice.