JURY DISCHARGED

Press, Volume LXVI, Issue 19916, 1 May 1930, Page 8

JURY DISCHARGED

*_ — MEMBERS CONVERSE WITH WITNESSES. NEW TRIAL ORDERED. [THE MIES3 SpecUl Berries.] DUNEDIN, April 30. Two of the jury, James McQueen (foreman) aud Thomas WilßOn, hearing charges of sheep-stealing against Gilbert William Lewis were last evening seen convening with two of the witnesses for the- defence. Arising out of this situation, the Crown Prosecutor, Mr 1\ B. Adams, this morning made an application to the Court, and Mr JusSJ Kennedy discharged *« >«»*,*£ ordered a fresh trial to take plat, on W Tht ay ;harge against accused for whom Mr A. t. Uaulon, K.U, •£ Mr W. , A Bodkin appeared, was wth » • March at Bpnngvale Cen^ tral Otago, stealing twen ;/ FAward v-ilned at £ls, the property, of Edwara James it. The case was commenced on Monday and continued throughout yosU mL the Court resumed this mornin * Mr Adams said that proceeding with the case he had an apJucation to make, an application.which ho made with great regret. IMW been informed that last mgut when the Court rose tlfo foreman of the jury and one of the jurymen got into company with two of the witnesses for the defence, and went with them to the bat of an hotel, whero they were for Borne time in conversation," said Mr Adams. "They were seen there by detective Sneddon, Detective-Sergeant Nuttall, and Chief-Detective Cameron. I ask leave to call those witnesses, and also Constable Palmer, to prove tLc facta." ■, . . Mr Adams went on to say that on the facts he proposed to apply either to have the jury discharged or to have the case continued with the ten remaining jnrors. "I need hardly say," proceeded Mr Adams, "that an incident of this character goes to destroy one s confidence in the course of this trial. It is, of course, impossible for me to prove what was discussed between the two jurors and the two witnesses, but your Honour will realise that in respect to any communication of this kind it ia quite impossiblo to procure ouch evidence. I base my application upon the facts simply that the foreman of the jury and one juror were in discussion with two witnesses for the defence." After police evidence had been given that two of the jurors and two of the witnesses for the defence' had been seen in conversation outside the Court, and also in an hotel bar, his Honour asked Mr Hanlon if he had any observations to make. Mr Hanlon: The matter is one entirely for your Honour's discretion. We must abide by what your Honour decides. "It is a regrettable incident and regrettable for the accused," said his* Honour, "because it means, upon the vieyr I must take, that there must he a new trial with unfortunately the attendant expense and inconvenience to thetaccused and also to the Grown. The jury, in giving a verdict, should be free from any irregular, 'suggestions, and should not be influenced by any statement made to a juryman outßide tie jCfOurt, It/ js for that reason thai trial commences jurymen should riot hold any communications touching the trial with outsiders. They should also prudently avoid social contact with witnesses in the case. If, however, I was of the opinion that what has taken place in the ease was no more than mere social contact then I should decline the application and order tie trial to; proceed. In [ this case it appears from the evidence given by two witnesses who, it appeared from the evidence given in the trial, were from the country, and were joined immediately after the Court rose bj the foreman of the jury and by a juryman; that after the meeting they proceeded to an hotel where apparently they had drinks together, and where witnesses in this ease were observed in earnest and- apparently, important conversation i with the foreman of the jury. Because of the view I take that there must be a new trial," continued his Honour, "I propose therefore to discharge the jury without giving a verdict. I direct that a new jury be empanelled during the sitting of the Court to try the case." Mr Adams said he thought the circumstances warranted his applying to hove the new trial next week. His Honour said that course seemed proper in thiH caso. He therefore fixed Monday for the trial.