THE DUNEDIN INSURANCE CASE.

A most extraordinary instance of a jury attempting to overide the ruling of a Judge, on a question of law, has just been, afforded in Dunedin. In the District Court on January 22, before Judge Harvey, and a jury of four, |the case of Maurice Tondut v. toe New Zealand Insurance Company, was heard. Plaintiff, a publican, who had been burned out, claimed £200 on a policy of insurance. The defence was that Tondut, who had insured in other offices, had not complied with condition No. 9 in the policy, which provided that notice of insurance effected in other companies should be given to defendant. Mr. Smith, the plaintiff's counsel, intimated that if on this point his Honor felt disposed to nonsuit the plaintiff, he (tho learned counsel) could refuse to accept a nonsuit. His Honor might think that though equitably the plaintiff was entitled to recover, he was not legally. Now, he would point out that there were hundreds of cases where juries had returned verdicts ill the teeth of such direction, and it was open to the jury in this case to return a verdict in equity, and leave the legal question to a, higher court. He never advised juries to receive but with respect anything that fell from the judgment seat, but ha might say that there were extreme cases in which a jury was justified in returning a verdict against the direction of the judge.

Mr. Macassey : That is one of the most extraordinary propositions which I have ever heard.

Mr. Smith : This interruption is most impertinent. I 'will not have it. I beg that you -will sit down, and not interrupt my address. Mr. Macassey : I Bhall not sit down. I rise to Bubmit that you are not to address the j ary in such a manner. His Honor : It is not usual. Mr. Macassey : I would ask your Honor's ruling on the point. Bin Honor : I rule that it is not a regular and proper course to advise the jury to disregard the direction o£ a judge. If it is persisted in, I shall have to direct them to disregard what falls from the learned counsel. Mr. Smith: Yonr Honor may of course do so, but I submit that the jury are justified in taking the bit in their own mouth, and saying, "We will return a verdict based on the justice of the case." The plaintiff having given his evidence," Mr. Macassey, for the defence, contended that Tondut had not sued for his rights within the time specified iu the policy where disputes occurred, and on this ground he claimed a nonsuit.

At this stage of the proceedings the Court adjourned, and, on resuming, His Honor said : I have considered the case cited by Mr. Macassey, Webb v. the New Zealand Insurance Company. I think there should be a nonsuit. Mr. Smith : I decline to be nonsuited. Mr. Macassey .asked his Honor to direct the jury to return a verdict for the defendants. His Honor, addressing' the jury, said : Gentlemen, I have to direct you in this casa that there is no» evidence to go to you on behalf of the plaintiff—that is to say, there are two rules or conditions according to which he is stopped from recovering—the Oth condition and the 17th. Of course, it may be very hard, the plaintiff being a foreigner; but lam here to direct you on the law. I have, therefore, to direct the jury to return a verdict for the defendants. The foreman of the jury: The jury is prepared to bring in a verdict for the plaintiff Of course, if your Honor says Mr. Smith submitted that notwithstanding the direction of the judge, the jury could bring in a verdict on the justice and equity of the case. It was by no means compulsory on the jury to find a verdict for tha defendant. His Honor : I direct them to do £0. Mr. Smith: Precisely eo ; but that ia merely a technical direction, your Honor. The for.eman of th-3 jury: Well, yonr Honor, we can find no other verdict, and we leave the law in your hands. We find a verdict for the plaintiff. Mr. Macassey : We ask that the names of the four jurymen may be recorded for future reference. Hia Honor : Your verdict for what? The foreman of the jury: The whole amount—£2oo. His Honor (addressing the jury) : Yon can retire if you wish to reconsider your verdict. My direction to you is, that yon ought to find in accordance with the ruling of the Court. The jury retired, and on re-entering taa Court, about half-an-liour afterwards, they were asked if they had agreed upon their verdict. .. The Foreman : We can come to no otfcer decision, your Honor. . The Clerk of the Court: That is a verdict for the plaintiff ? The Foreman : Yes. Judgment for plaintiff for the full amount claimed, and costs, £10. Mr. Macassey asked his Honor to suspend execution, and gave notice of his intention to move for a new trial. A motion is to be made for a new trial.