DEADLOCK IN COURT.

Taranaki Daily News, 26 November 1917, Page 3

DEADLOCK IN COURT.

| TRIAL INTERRUPTED. mi-TiOL'LTv oy'ki; (:l ;:-nuN. \ A curious position arose at the Supreme Court sittings in Auckland on Thursday last, in conneeliu" wii.li the trial of Joseph Tiotiea on a '-ba-ge of having attempted to defeat or prevent the course of justice. The ra; :; was one which arose out of proceedings brought in August last, in which one Paul Botica vva.s charged with having had unlawful r01a!..; .-!•>.; with a young girl at Kaikohe. The allegation of the Crown was that accused had endeavored to influence the girl in question to give false evidence In regard to the charge, After the case for :!:o Crown had closed the accused was railed by his counsel as a witness. Mr. Tole, K.C., Crown Prosecutor, asked him .» number of question? in cross, examination, and then requested the permission of the judge to put another question "under the rules of the Court." Whether ho made generally audible the nature of hi; question appeared from what followed to be uncertain, but Mr. Singer at once protested with some heat that Mr. Tole had committed a gross breach of procedure in that he had mentioned in open Court the question he proposed to ask. whereas under the rule the question ought not to be mentioned within tlie hearing of the jury until the Judge had given leave, to ask it. Mr. Justice Hosking declared that personally be had not heard the question. The 'foreman of the jury, on the matter being referred to him, said he was in a like position. Thereupon his Honor suspended the sitting of the Court, and invited the counsel engaged in the ease to meet, him in chambers and discuss the situation. • On the Court resuming, after a few minutes, his Honor discharged the jury from attendance, remarking tlmt there was no necessity to give his reasons for not requiring a verdict from them. The ease was then ordered to be heard this week.