Wairarapa Daily Times. [ESTABLISHED 1878] Being the extended title of the Wairarapa Daily, with which it is identical. WEDNESDAY, APRIL 13, 1892.

Wairarapa Daily Times, Volume XIII, Issue 4088, 13 April 1892, Page 2

Wairarapa Daily Times. [ESTABLISHED 1878] Being the extended title of the Wairarapa Daily, with which it is identical. WEDNESDAY, APRIL 13, 1892.

Is the recent' potable divorce suit of Euesell v, Eubßell in the EnglUb Juw coui'j? not tbo least interesting portion j of the 2'{»wi.repu!' of tho cußOj and certainly the only portion w '" c '' afforded satisfactory reading and prompted wholesomo thought, were the utieronoeßof the President on /a • point regarding which tbeve has always been great diversity of opinion—the scope and the extent of direction which should guide a Judge in his summing up and address to the jury. The utterances of soeminent an authority, expressed as they are on such an important theme, make them in every way worthy of re-production and they will enlist attention, for they are not pnly fllep find concise, but embody Argument i,n oi his Lordship's .opinions j-r----ii He was going, however, to gfye Ihppti! his views upon this matter, jje knew"'®! well that it was frequently supposed jad said that it was the duty of a Judge in directing the jury to do bo in a manner so colourless as to conceal his own views upon , the evidence before them and to lead thorn j to believe that be had no opinion of his own upon the subject. That was not bis pym yjflfv/}f the office of a Judge, The lattor wasppe',who had pecessarilj had far greater ppportunities'ol \velghipg and testing eyidence tlian any jury poula have had, haying passed most of bis life in .Courts" of • Justice, Jo his yiew, wftere a .Judge enf teitaiued a strong opinion upon' the e of the evidence whiflh had been given, pot '. only should he not attempt to conceal tb.at j opinion from the jury, bur, on the contrary, 8 ehould let them know what it was, that j .they might jive such weight to that view, } of an experienced person as they might f thick fit. He should, however, tell them ' at the same time, most distinctly that, as ' he was the sole judge of the law bearing ® upon tbo oase, so they were the sole judges 3 , of the lute, ajid were not to take from the i 'Mo any direction upop the facts so far • 'as the truthfutiita's oV untrutbfulpess of the l sr)tpees,e? '0 j'bheeraell.' l ' : Hiß v diiectiop ! was not to have anything '|jke the ffiefat tjl induoing them to find a v#'#pl)iiiy would not otherwise arrive at, Ijeiid Rot wish to impose any sort of obligation upon } them in one respect, because,' atler all, one „ of the most important elements in the con- " stitution of the country was that juries pottidjißystJw right to deoide upon the Tacts evoi in dirmpppsife tp the views if tbS presiding Judge;' That W ode 'bf jibe ' safegUSds V publii) liberty iiHllis icpuntry,"