JURYMAN GIVES' EVIDENCE.

Press, Volume LXVII, Issue 20197, 27 March 1931, Page 14

JURYMAN GIVES' EVIDENCE.

strange position at INQUEST. EYE-WITNESS OF ACCH>J®T. i&XCW, SO ?HS TIM ABO", March. £«, A point ef law possibly without precedent the history of the J)rtminion was raised this afternoon _*t the inquest into the death of William Thorn as Dennis Revejl, a prominent Tiraara accountant, when the Coroner (Mr A. L. Gee, J J*-) was asked to allow a member of the jury to give evidence, this man having been an eye-witness of the accident which was the cause of Bevell'» death. The last of the poliee witnesses had just completed his testimony when Mr Campbell, who appeared for the driver of the ear whieh had run over Mr Eevell, roused a sensation by asking the Coroner to allow H_ L. Butler, * juryman, to give evidence. "This ma# was an eye-witness of the accident/* said counsel, "and his evidence should be heard." Ib support of the request, Mr Campbell Quoted from Halabury'g "L®ws of England" as follows: "Tormerly a jury fre» its own knowledge of the fact* wigbt have returned a -verdict without any w|t* Besses being failed by them; but this is now not the pra*ti«Vll»4 if * man is personally acquainted wit* the f§ets of the ease, he' should be sworn-in as * witness, «*d give denee on oath, before hi* fellpwi- I* is indeed more proper that anyone summoned as a juryman, wh* h*» personal knowledge ot t»e faeis, shoold so inform the Coroner, and the Coroner should not swear Wjjt «** a juryman, but call him as * w|f« ness."

Coroner Consults Magistrate, The Coroner: It is a pify that the police did not know that the jaryman in question witnessed the -§eeidfpt», ** he would not then hare been asked to act m ft# jwMr Butler: I should like to n»ake « statement. ✓ The Coroner: I will hWT what you have to say later. % Asked by the Coroner for hi# Tiewi regarding the request, Mr S l . J. Bolles- j ton, who was appearing for th© rej#* tives of Mr BeveD, said that the pn* cedure was most; unusual, and as bed hat had the opportunity of considering the law on the subject, he *» qneatly not in a position to f»y Wpetne? Ills learned friend was rigM or iiWflg* Mr Campbell: It is a* ®*glishlaw. I may «ay that it was W* my phwe to Moral Mr SoUcften of my intenfao*. Sergeant W. P, Gilligait, whe had given (evident ewH*r »» ft® ing», Informed th* Conmer that the police had not been aware that Mr Butler was an eye-witness of the a©6iThe Coroner (to Mr Campbell): I suggest that yon withdraw J*W rfinest. ' Mr Campbell But my *eqw«t i# mpported by law. Senior-Sergeant L H. Mathieson, who was conducting the inquest m behalf of the police/ advised the Coron«r to consult the Magistrate (Mr, 0, Orp Walker) on the point raised by Mr CampbeiL "I understand that M* Grr Walker is in the balding/ he added. Mr Campbejh But the law is eltar enough t»n the point, . Mr Butler (te the Corner): Curt I Jfot jjn»tyet. Iwifladjourn the Cpqrt for a f«w I eonsolt the Magistrate. Aftvfee *0 SoHcfc Ob retmwuf *Q thf> Bfwfe Cfflrgaer «h 4 ttirt the Campbell was apparently the law of th© land, ai it had not been repealed. He would have to allow th# request. mis ft pity. Hurt tti« t?»u*g few cropped BP," fcs added; *T»t there tm bf so objection to procedure" Mr Itettar: M#y I >peak uowf The Qojomv ap§entpd, mi# Mr Sutler eaid that he had seen ito Rceideßt, *nd when telephoned later by the police hi had thought that he was to have beta witness.

Senior-Sergeant Hathiecon: Well, then, why did.yon sot communicate tfce fact to the police that you had witnessed •the accident! • ' -

Mr Batler: I am only a layman where law is concerned, and that is why £ took my seat 09 the jpry when the ja* quest was opened last Bpnd#y. When the proceedings ended m SopdftJ I to? 4 thp Sergeant that I Bhogid have been a witness, not & jarymaP- J W)» shoved into the jury by the police, and J pa* tainly informed them that a mistake had h§en made. The Porenesr; The whole thing is most nnfprtunate. In future it would ho ad> visable for the police to obtain jnryr men away from the scene of thp ' dent. However, the law is complete on the subject, and I must accept Mir Butler's evidence.* 1