JURY DISAGREES.

Auckland Star, Volume LXVIII, Issue 30, 5 February 1937, Page 3

JURY DISAGREES.

WOMAN'S THIRD TRIAL.

DIFFICULTY OF FOREMAN. « UNSATISFACTORY » RESULT. (By Telegraph.—Press Association.) WELLINGTON, Thursday. For the third time a jury has failed to reach an agreement in the case of Isobcl Annie Aves, also known as Craike, of Hastings, who has stood trial at Napier twice and at Wellington on seven charges of unlawfully using an instrument. The third trial was concluded in the Supreme Court at Wellington to-day before the Chief Justice, Sir Michael Myers, and a jury. After a retirement of four hours, the jury returned. The foreman said: "We are unable to agree." "Is there any assistance I .can give you on any point in evidence?" asked his Honor. The Foreman: There is no question of evidence at all. There are two men who have made up their minds not to convict. His Honor: I do not know that you should have told me that. Seeing, however. that you have done so, it cannot be helped. What is the difficulty? Have those two men made up their minds not to convict, or what? The Foreman: Just what you say. His Honor: I am very sorry, gentlemen. It is very unsatisfactory. The Chief Justice added that t'iey might remember he had said at the opening of the trial that he bad made up his mind not to forbid publication of the proceedings, although the Crown Prosecutor had made application to that end. Duty of Jurymen. "What I had in mind." his Honor continued, "was that it might be a very good thing that there should have been a report, so that the public should have seen the strength of the case. It ivery unfortunate that because of the action of one or two men here and there the whole jury system is brought into question. I will have to discharge you gentlemen as far as this ease is concerned. If there is any gentleman who is called upon to serve on a jury, ind who makes up his mind that no matter what the evidence is, he will not convict, he should say so at first, because hi should never be on a jury."

ilr. H. B. Ltisk. Crown Prosecutor, of Napier, who conducted the prosecution, said he desired formally to ask fo- a new trial in order to consider the position. His Honor: You have heard wlm* 1 have said. T do not wish to make inv comment while there is a question of a newytrial. It is extremely unusual that there should he a fourth trial. Mr. T.usk: T presume T -hall have to • •occult the Solv-itor-General. His Honor: What do you wish met • do ? Mr. T,u s k: T ask you to defer an ord'-r until T have consulted the Solicitor - General. His Honor asrrecd to this course and accused was remanded to appear acr-ii;i to-morrow morning.