AFTERNOON HEARING.

Auckland Star, Volume LXVII, Issue 142, 17 June 1936, Page 8

AFTERNOON HEARING.

HIS HONOR'S SUMMING UP. RELIABILITY OF EVIDENCE. Crowds of men and women awaited the opening of the doors for the afternoon session, and many were refused admission. Resuming bis address, his Honor said lie thought it would be proper to say a word or two as to the respective functions of judge and jury. The judge was there to direct the jury as regarded points of law, his Honor particularly, noted. The judge and jury were both aloof from the contest. Mr. Meredith, as Crown prosecutor, had the duty of reminding the jury of every circumstance which bore against the accused. Mr. O'Leary was there to see that every circumstance in favour of the accused was brought clearly before the jury. In this case there had arisen also a contest or dispute between medical experts? It was inevitable that when gentlemen high in their professions found themselves in such positions there would be some form of strife. There was a:ways a tendency to rang-; oneself oil the one side or the other. The jury and the judge. must remain aloof, however, said his Honor.

"What you have to do is to see what are the facts," he continued. The witnesses must be judged, first as to their honesty. Is a witness sincere, honest? It was a question of impression and that impression must be trusted. The question of honesty, . however, was not enough. The reliablty of a wtness must be considered in other ways — powers of recollection and observation, and freedom of bias must be given serious thought, too. (Proceeding.)