JUROR'S SLIP.

Auckland Star, Volume LXX, Issue 263, 7 November 1939, Page 8

JUROR'S SLIP.

UNWISE TALK.

ASKED TO WITHDRAW. SUPREME COURT INCIDENT. An incident, of last Supreme Court PCs-ion. when a jury case xvas carried on xxith a juryman short on aeconnt ot a report to the Court that one of the jury had been seen talking to a witness, was repeated to-day when tJie hearing of the damages claim Albert Jackson (Mr. Sullivan) v. Kew Zealand Shipping Company (Mr. Barrowclough) was resumed .before Mr. .Justice Fair. Mis Honor suiil nn unusual [vosition hud arisen. After the Court rose vesterdav Mr. Barrow'dough was informed bv Mr. Siillixau that one of the jurors had been seen during the progress of the trial in conversation with a gentleman who was an otlicer of the defendant company. It ap|H-iired that the two men wen- well acquainted with each other, but Mr. Barrowclough agreed that the matter should be reported, to tile Court.

Though the assumption was that it was a. perfectly innocent conversation, even an iiinoernt conversation was unwise. added his Honor. Jurorf. were in the position of judges, and should avoid an\- action, which might give ri-e to suspicion. The bei-t course in the cireuinstauces would be for the juror concerned to withdraw, and the hearing to proceed before the remaining II jurymen. Counsel in the case were willing tii proceed thus. 'I want to make it perfectly clear," concluded his Honor, "that this does not involve any reflection on the juror concerned."

The 12 jurymen retired for a few minutes, and eleven returned, the foreman stating that the man concerned had withdrawn and desired to assure the Court tlint the conversation complained of was a perfectly innocent one.