COURT EPISODE

Wairarapa Times-Age, 16 November 1938, Page 6

COURT EPISODE

JURYMAN REQUIRED TO WITHDRAW AFTER DISCUSSING CASE WITH OUTSIDER. OBSERVATIONS BY'JUDGE. (By Telegraph—Press Association.) AUCKLAND, This Day. A dramatic incident in the Supreme Court this morning prior to the resumption of the hearing of a claim for damages arising out of a motorcar collision, was a statement by Mr Justice Callan to the jury that one of their number had, according to a report received by his Honour, transgressed the rules of the Court by discussing the case with an outsider, and that it Was desirable for that juryman to withdraw. Mr Justice Callan added that it had been reported to him at 10 o’clock this morning that after the Court rose yesterday afternoon, one of the jurors visited the scene of the accident and that there, unfortunately, ensued a discussion, the exact nature of which his Honour did not claim to know with confidence. So strict is the law about what should happen and should not happen," said Mr Justice Callan, “that if we went on with the trial whatever party lost the case could obtain a new trial because of what happened last night.” His Honour said no blame rested on either of the parties in the case or their counsel. The action of the juryman, perhaps through misguided zeal, was unfortunate,” Mr Justice Oalan added. “I am quite clear that we can’t go on with the presence of that juryman. The parties and their counsel, having discussed the matter with me, have agreed, rather than lose time and go to the expense of a new trial, to proceed with eleven jurymen. I shall now adjourn for five minutes in order that Ihe eleven jurymen may reassemble when ihe Court resumes. The member of the jury in question will have no difficulty in knowing which is which, and we give him that opportunity.” Mr Justice Callan added that jurors would be required.for another trial in the afternoon and that the juror who was asked to stand down would be required to report then to serve if required on another jury.