THE LATE FIRE AT MR ELLISONS.

Waikato Times, Volume X, Issue 591, 4 March 1876, Page 2

THE LATE FIRE AT MR ELLISONS.

Ovb of the jury diamisiod at the inquest held on Thursday ou the fire at Mr Ellison's house, write* to us cumpNining of the cocrso taken, and mode of procedure a lopted by tho Coroner, Dc Beale, on that occasion. The letter is long and somewhat too personal, and ire therefore give the gist of our correspondent's complaint, as a matter of puohc interest without the reflections which t.he letter contains. Tht writer aays : — fuat on the Coroner having instructed the police officer to call over the names of the parties summoned to act a<r jurors, which, was done in the presence of •everal persons and the solicitor vrho attended to watch the proceeding on the part of the Insurance company, eleven 'answered to their names. Upon tins the Coroner requfs'el these gentlemen to go with him, aud Mrs El.iaon nnd view the place where the fire originated. That lady ohewod and explained Where and how the fire occured, and what and where tbe varuua articles mentioned by her wero situated before and at fie discorery of tuo Ce. At the conclusion of this, the twelfth person summoned, put in an appearance. The Coroner briefly retailed to him what Mrs Elluon had shown and told the others, after which, the twelve su-nmoned perions with tho Corouer ente-ed an outhousa (used by the family as a dwelling) provided with seats and material for the me of the jury, and were then requested by the Coroner to choose a foreman. Tun done, all were sworn. Tue foreman of the jury applied to the Coroner to have expenses granted to the jury, as th j y looked upon this enquiry at being of a private nature and ior a private purpose, the jury, at the sima time, re cognizing the action and their responsibility. This was promised to bo sent to the tgeut of the Company by the solicitor of the Insurance Company. An application was then made by 'the Company's solicitor to have th 3 inquest adj turned to the Royal Hotel on Saturday next upon the ground that tho place wh<>re tha jury wu was too small, and that ho would procure plans of th j premise* toshew where thi* various rooms had been, and other information for their inspection. This was objected to by the foreman oi the ju«y, *i many of them could not afford the delay the place where they were would do, and a3 to procuring plans of the house, what was a bettei place th«n the very ground they had just viewed upon which tne erection stood, where were tbe chimney, the nails to which the lines Were attached,, of which were hung the clothes alleged to have been burned, the place where the couch stood and whore tbe firo originate 1 ? Several of the jury held this view. On this, the Coroner iftid, if the jury was of that opinion he must procoed. The solicitor to iho Jompany tnen objected to two of the jury sitting i>n the inquest — th«-y hnrin^ committed th-maelves by ■igiung a declaration (which he produced) 'or the insured — that the premises and certain chattels hvl beon de^troye I by (in, &c. After the Coroner hi<i rwl ibis document, tho foreman submitted that tho objection came too lati*. If it wa.> of any value at all, the two jurymen should hare been challenged upon their names being called out, and that the document was a ir.er>* pnn'ed torui filled in ami signed by thorn stating that such premises were destroyod by lira upon a certain <Uy, which could not prcjudico tlie present enquiry. Aijiuu that tho solicit jr for the company hid made himself a partj to tho whole proceedings ; tirst m not challenging when the names of the jurymen dow objected to were first called x>ut, that the jury hud choose 11 their tor -man and had all beon sworn, and tuafc the sohcitjr himself had made an application for adjournment of the enquiry to a certain pluci nud lime, which had been over ruled. Tho Coroner Leld that tho two jurymen could not sit and he must dismiss them. The foreman protested he lud no power to dismiss two of thejury, and if ho did anything he must dismiss the whole, a thing that did not he in his power, seeing they had all been swoin and had commenced proceedings. The Coroner said he womd dismiss the whole of tho jury, upon which he saul, " Gentleman, I dismiss this jury." In answer to tho solicitor for tho company, tho Ooroner said he would summon another jury for two o'olook on Saturday next. What 1 ask, Sir, can be more damaging in the eyes of the public than such an exhibition, fir-tit the Coroner shews the premises that wers to form part matter of enquiry, which were relied upon in some raeasuro to become evidence to aid the ju-y in coming to a conclusion, to men that hai not been sworn, and who were not in number or position qualified to inspect them, since they were debared by they very prooess not bong performed whicn h», tho Oorouer, "was there to administer, nunely, tbe oath to each, and after he had adnunisered tho oath and the business had commenced ho resolves :n his own mind to dismiss two of the jury, and finding that posituAi not tenable ho concludes to dismiss the whole jury Hud lit* possessed the repeot due to his position as a Coroner, if eiamp'o or precept ''ould have hai any weight with bis self-import-»nre, ho might have condescended to have adjournod the enquiry until ho made himself acquainted with the mode of procedure, necessary und. r which he found himself pi iced, or he could have consulted the Chief Coroner of the district, W N Searancke, Esq, HM. But no, the jury must be dismissed with indecorous haite, the decision, and that I believe an illegal one, n at once come to and acted upon."