COURT IMPASSE.

Auckland Star, Volume LXVI, Issue 271, 15 November 1935, Page 5

COURT IMPASSE.

JURORS "RUN OUT."

DOORS OF COURT CLOSED. ONLOOKERS CALLED UP. A provision in the Juries' Act which it is very rarely found necessary to put into practice was illustrated in the Supreme Court yesterday during the empanelling of a jury in a clam for damages. When only eight of the twelve "good men and true" had taken their seats it was found that the jury panel had been exhausted and the unusual procedure- of calling upon persons in the precincts of the Couic was adopted. Both of the counsel in a civil claim of the nature before the Court hi 3 the right to challenge six jurors and counsel for the plaintiff, Mr. j. J. Sullivan, had exhausted this right, while Mr. I. <T. Goldstine, representing the defendant, had challenged five jurors. With no more jurors available the judge, Mr. Justice Fair, took steps to put into effect the procedure to meet such an emergency. He ordered the doors of the Court to be closed, and when this was done three onlookers had been caught in the "judicial net." Two of them appeared to be beyond the maximum age for service on a jury— GO. When the Court orderly approached the third he exclaimed, "I have not done anything," evidently under the impression that he had brought himself within the arms of the law. However, his attitude had no effect, for he was brought into the body of the Court. On seeing that with the additional three emergency jurors there would not be sufficient peopie to complete the jury panel from eight to ]2, the two counsel conferred and agreed that the names of the eleven challenged jurors should go into the box again. With this the judge concurred and the requisite number was completed after Mr. Goldstine had exhausted his last challenge. The reason for the shortage of jurors was that one jury had just retired to consider its verdict, while twelve more were engaged on a case in the upstairs ..Court.