AN OTAGO JURY IN THE OLDEN TIME.

Westport Times, Volume V, Issue 839, 20 July 1871, Page 3

AN OTAGO JURY IN THE OLDEN TIME.

A midnight row and fight had occurred at a sailor's public-house in Otago, in which one of the earliest settlers, a Scotchman, was killed in an encounter with a foreign sailor. The coroner issued his warrant, and the prisoner was committed for trial. When the case came before the judge it was seen to be clearly one of manslaughter, but one of the jury took a Afferent view of the matter, contending rather vociferously in the jury-box with his colleagues that it was murder. The judge, therefore, desired them to retire and fully consider the verdict. The court house at Otago in those days was a wooden erection, and the authorities, not calculating on jurymen disagreeing amongst themselves, had wade no provision for an apartment to which they could adjourn. Under these circumstances, a room was ordered for them in Donald Boss's public house. On his way to the hostelry, one of the jurymen, who resided in the country, called at a shop for a parcel that was lying for him, which, on rejoining his brother jurymen, he placed in the corner of tho room. The obstinate juryman began j>y making some slight apology for having given so much trouble in the Matter, but they must recollect that the " puir murdered man was a Scotchman, ane o* their earliest settlers. Hooever, my frien's. you'll f* far agree wi' me, that it is dry, Jroughty wark, and I propose that before we begin, we tak* some whus*e7- This was unanimously assented «>. the hand-bell was rung, .and the Joor stamped upon for Donald Boss, «e landlord, also a Scotchman, who Suicklv obeyed the summons, "Noo, ft °ss, let's hfce some o' yer vera best

whuskey, for we are a' terribly drouthy wi' that bothering job in the coort, and we canna settle the matter there, and we are ganing to try what we can do here." The whiskey was soon brought and despatched, when the foreman reminded them that they must now set to work seriously and settle their verdict. Their obstinate friend confined himself to one point, and admonished them never for a momeut to lose sight o' the fact that " tbe punmurdered man was a Scotchman and ane ot their earliest settlers." The foreman and the rest of the enlightened panel were at a loss how to proceed. "Weal, as I see," said the refractory friend, " that this alfair will • occupy a good while yet before we can agree, I move that we hae some inair whuskey, for never since I cam' to the colony was 1 ever inair exhausted by onything like this." The proposal met with no dissenting voice, and Donald soon entered with a fresh supply o' whuskey. While this was being discussed the eye of the obdurate juryman settled upon the parcel in the corner of the room. " What hae you got in that large paper, Mac ? " Oh, that's ma fiddle; J brocht it into the toon last week to be repaired, and I called for it as I was coming here." " Oh, man, it is a lang time since I heard ye play the reel o' Tulloch." " Noo, Mr Foreman, what do ye say to a little music ? rt " Weel, I "hae nae particular objection, but we must not forget that we must soon get back to the coort." The reel of Tullochgorum was played in Mac's best style; and my narrator ably described my countrymen beating time with their feet so lustily, and accompanying this with such Highland vociferations, to which until that day he was a stranger, that there was some peril of Donald Ross's floor giving way. The music over, and the second supply of whuskey finished, the foreman insisted, notwithstanding the unsettled position of the verdict, on returning to the Court, where he took upon himself the responsibility of stating to the judge that they had agreed upon a verdict of manslaughter, for the whuskey had so far a good effect on the pertinacious juryman as to render him nearly tonguetied, for all he could manage to lisp out was that " the puir murdered man was a Scotchman, and ane o' their earliest settlers;" but he was utterly incapable, thanks to the whuskey, of proceeding with his original view of "wilful murder," as contradistinguished from manslaughter.—" Reminiscences of Fifty Tears>" by Mark Boyd.