The Court Adjourned.
On resuming in the Supreme Court at two o'clock, his Honor said: Since I left the Court I have been thinking over the little point involved in this curious combination of circumstances, and came to the , conclusion that I shall not give my opinion now, but shall adjourn the Court till to-morrow morning in order to consider which of the two courses I shall take. X shall show the authorities, in order that counsel on both sides may be prepared when the time cornea. Of course, if necessary, I shall reserve the matter for a court of appeal. As at present advised, I think it is perfectly competent for me to put them on their trial with the present panel, and also that it is perfectly competent for me to order orally forthwith a jury to be empannelled. {His Honor quoted the Juries Act, and the Jury Act of George IV.) I have some difficulties in tracing authorities op the subject, though I have found several, but I don't think it is necessary to go into them. I will read one case which I think is singularly appropriate.
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say again what is the course you intend to take. His Honor : I am not giving judgment, Mr Joynfc, I am merely saving what my view is at present as to the course open to me. I may to-morrow morning take an entirely different view. As at present advised, I may either order the accused to be tried by a jury taken from this panel, or by a jury which I shall order to be empannelled, either for the trial to proceed at once or on some future day. His Honor then read the case, Salisbury and others, a trial for murder, held in the first year of the reign of William and Mary, and quoted other cases from Plowden > Blackstone, and Foster, and then adjourned the Court till to-morrow morning at 10 o'clock.
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https://paperspast.natlib.govt.nz/newspapers/THS18800110.2.10.4
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Thames Star, Volume XI, Issue 3446, 10 January 1880, Page 2
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333The Court Adjourned. Thames Star, Volume XI, Issue 3446, 10 January 1880, Page 2
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