GENTLEMEN OF THE JURY

New Zealand Listener, Volume 11, Issue 286, 15 December 1944, Page 9

GENTLEMEN OF THE JURY

(Written for "The Listener"

by

A.S.

G.

ERVING on a jury, though it may not greatly increase your fortune (you get 13/4 per day, less tax), provides a good deal of interest for the student of human nature. These are some of my impressions after one week at the Supreme Court. After having been sworn in, you retire to the well of the court until your name is called. And if it is (the Registrar calls the names as he draws them from a kind ‘of ballotbox) you still may not sit on that case. Either counsel has the right to challenge you "as you go up to but before you take" your seat. Sometimes as many as 20 names are called before the 12 good men and true are obtained. Many are called but few are chosen! Those challenged, or not called, are directed to the smaller court-room as I was on this occasion. Here I was soon caught. Ours was a case for compensation and damages. Evidence and addresses by Judge and counsel occupied the best part of two days, after which we were directed up a flight of narrow stairs into a small stuffy room. Chairs were scattered round a large table upon which was a jug of water, writing materials, and numerous ash-trays. Everyone smoked. How Much? Having agreed, after a brief discussion, that negligence had been established against the defendant, our next

duty was to assess damages. This provoked a heated argument, something like a financial debate in the House of Representatives. Some suggested awarding the full amount, others between half and three-quarters. "We've got to be just and fair, and damned ’ard, too," declared a chubby red-faced man, helping himself to a glass of water. "What I’ve always said .. ." Well, you know what the "always saids" always say; and he certainly did. He condemned all those who agreed to anything less than was claimed. "I’ve always been for the workers m’self, I don’t begrudge a feller a few bob. . ." "But," urged the foreman, tactfully, "aren’t we getting away from our business, friend?" That seemed to soothe him. He gulped his water noisily, and remained silent. Nearly everyone had something to say. But we were no nearer a decision. "We've been sworn at, remember," cautioned a blue-eyed son of Eire, "Sworn in," chorused the others, amid laughter. "But we will be sworn at, if we don’t reach a decision soon," interjected the foreman. "Or swearing at each other," someone suggested. Ebb and Flow Nerves became frayed. Arguments were restated with a force that would have done credit to a suffragette. "But can’t you see?" was heard for the tenth time, "No" was invariably the answer. "What I think is," began another. But everyone knew. It had been heard at least a dozen times before. And so the battle ebbed and flowed, until a hand

would thunder on the table, ‘"Gentlemen!" But the call was unheard. "In this game we must... ." "It ain’t a game," snapped a youngish fellow on my right. "Well, I hope it isn’t a war," retorted another. But at times it seemed as if it might quite easily develop into one. A Solution at Last More than an hour had passed. It promised to be an all-night sitting. Some of us looked despairingly at the foreman who was now denouncing State Control in general and Manpower officers in particular to all who cared to listen. Someone told a story. Everyone laughed. At last we were on common ground. Then someone had a bright idea. "Now, gentlemen," he began, "since agreement seems impossible, suppose we each write down an amount; then add them together and divide by 12! That. will give us each a fair say." This was agreed upon. "But don’t look at me," grinned the foreman, when it was suggested that he should work out the amount, "I’m no scholar!" But the task was done, At last we had reached a verdict. My first case was over. Ridiculous, of course. But was it? We ‘did what we were asked to do-gave the subject the most earnest consideration of which we were capable. If our capabilities were not high, does that matter? It was justice, I am sure, by the injured man’s peers.