CURIOUS COURT SITUATION.
JUROR>J'AKKS ILL. ' (by telegraph—special cohrespondent.) ' Dunodin, February 18. A strango. situation. ai;oso at the Supreme Court-to-day.' When the Court assembled at 1.30 -p.m.- to' continuo" tho "case of John Mowat, 'chai'ged : with : injuring* a dwellinghouse,"'the Crown Prosecutor stated that-one ,®fj the jurymen. on tho caso/was too unwell to attend, and medical ,evidence to that oft'ect was submitted.' In reply to His Honour, Dr. Will stated that tho juror in-question would not be in a state to attend for a 'week,- cerriot sdoner. His Honour, remarking ■that it was "the-fortune ofwar," accordingly ordered that a fresh jury bo empanelled and Mowat s trial.recommenced, and this was done, with tho. result that Mowat was acquitted. ' ■ aftor the conclusion of the case,,: _a' .bystandmg 1 solicitor 'handed ' : to counsel / engaged - a copy of the Criminal Codo with this section - marked: -• "If '.iPf.. • tho.; jurors before they retire ,to - consider their verdict become, in tho opinion oftho Court,'incapable ot continuing to perform ..their duty, the Court may, in its "discretion, and with the consent- of tho- prosecutor and accused, proceed with tho -.remaining jurors and tako their verdict,"..
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https://paperspast.natlib.govt.nz/newspapers/DOM19080219.2.28
Bibliographic details
Dominion, Volume 1, Issue 125, 19 February 1908, Page 7
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187CURIOUS COURT SITUATION. Dominion, Volume 1, Issue 125, 19 February 1908, Page 7
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