TALK WITH JUROR

Waikato Times, Volume 124, Issue 20726, 9 February 1939, Page 8

TALK WITH JUROR

SUPREME COURT INCIDENT ACTION OF DEFENDANT Proceedings in the civil case lm which the Public Trustee, as administrator for the estate of D. D. Flynn, claimed damages from Dominion Motors. Ltd., and i*’,. H. Woolven (Mr J. F. Strang), were interrupted in the Supreme Court yesterday afternoon when Mr W. J. King, appearing for plaintiff, asked Mr Justice Smith to meet both counsel in chambers to discuss a matter of considerable importance. The court adjourned, and on the resumption a quarter of an hour later Mr King drew His Honour's attention to the fact that one of the defendants had been seen in conversation with a Juryman during the luncheon adjournment. The speaker did not want to suggest that the matter before the court was the subject of the conversation, but the case was an important one and he felt it his duty, in the interests of his client, to receive an assurance from the Juror concerned that the case was not discussed. Constable F. R. Henry gave evidence of having seen one of the Jurymen talking to Woolven during the luncheon adjournment, but did not know the subject of the discussion. Witness Identified the Juror concerned, who gave an assurance that the case was not referred to when he was talking to Woolven. The conversation was on a private matter of mutual interest. *‘ln that case your conversation was not a breach of my direction to the effect that the Jurymen should not allow anyone to discuss the case wltk them.” said His Honour. "However, it was very unwise for the Juror to talk to one of the defendants.” .After hearing the explanation, counsel were agreed that Woolven anjj the juror were exonerated from any suggestion that the case had been discussed between them.