JURY DISAGREES

Dominion, Volume 37, Issue 119, 15 February 1944, Page 4

JURY DISAGREES

Charge Against Timber 2 Merchant

(By Telegraph.—Press Association.) CHRISTCHURCH, February 14. After a retirement of four hours, the jury failed to agree in the case before Mr. Justice Northcroft in which Wilfred Henry Banks, aged 39, ■ Christchurch timber merchant, was charged with alleged false pretence. When informed that it was impossible to reach an agreement, the judge discharged the jury and ordered a new trial to begin next Monday, February 21. The trial lasted four days. After hearing the final evidence for the defence, addresses by counsel and the judge’s summing up, the Jury retired at 3.15 p.m. On their return at 8.5 p.m., in reply to the customafy question,, the foremain said: “We cannot agiee.”

“This trial has taken a long time,” said his Honour. “Are you quite certain that you cannot agree? Are there any points of law which you could discuss with me?”

The foreman said he had discussed the matter with his fellow jurors and it was impossible to get any further. “Very well,” replied his Honour. “I must accept that. You will now be discharged from any further attendance.” Mr. Brown moved for a new trial and an order was granted accordingly. Mr. Lockwood asked for baii for accused, which was granted as formerly on his own recognizance of £5OO. His Honour remarked that-a-criminal trial could not wait for the convenience of counsel, it having been suggested that Mr. H. F. O’Leary, K.C., senior counsel for the defence, might be detained ■ in Wellington on another case, and he fixed the hearing for 10 o’clock next Monday.