TWO TO SPARE

Evening Post, Volume CXIV, Issue 25, 29 July 1932, Page 8

TWO TO SPARE

SELECTION OF JUEY

PANEL ALMOST^ EXHAUSTED

INTERESTING POSITION

If counsel'for' the accused had not said,that he was prepared to go on and waive his full right of challenge, v and Mr: Justice Reed had to go on with the empanelling of the' jury, a position which does not often occur, that of an instruction being given to >ray a tales, might have arisen in the Supreme Court yesterday, afternoon in connection with .the, trial of two men charged with robbing and using violence towards a Chinese. t When this case was called two other juries were in the jury rooms considering their verdicts in' other cases, and only sixteen men were left in the jury panel. When the position was made known to Mr, Justice Keed by the Registrar (Mr. W. W. Samson), his Honour asked the .Crown Prosecutor and counsel for the two accused if they were, prepared to, go on.- ;Both replied that they were- ' ■ ONE TEMPORARILY MISSING. ■With only sixteen jurymen available, this meant that" there . were only ■ four to come and go upon.VAfter nine jurors had been empanelled; the: next two .whose names were drawn ■ lf,rom the ballot box., were, stood. aside by. the Crown Prosecutor, leaving . only .five more available from whom to complete the" twelve.: When the : next man's name was called, there.was no response from/the back of the Court and the position became more ''acute:. Two more men took their ; seats onv' the jury benches, and apart from the missing juror'there were then only two cards left in the'ballot box. The Registrar called,again the name of/the' man, who Had not answered before, and this -time he. hurried'forward. He explained to his Hdriottr that he had been in one of the waiting-rooms' across ■ the passage all the time. He took his seat, and the jury was empanelled .with two-' men' to spare. ', • ■■•-; ". ; ■ ' ■ A ; further, interesting,' touch was given to proceedings when, upon the asking"; the jury to choose their foreman, the latecomer was selected .by his fellows; for. the position; A smile on his 'Honour's face showei appreciation of this ■" little itouch; : . ''PRAY A TALES:" As to the -term "pray .a.- tales,"' J. M.. -E. > Garrow, ■in • his book on the Crimes Act, 1908, sots out. that if the whole of - the jury panel has "been: exhausted aiid there is no possibility of completing the jury .from it, the bystanders ■in the court-room , may be called upon, tho'instruction being given to close the doors. If one of the parties asks that bystanders tie called upon he is said to pray a tales. A further passage in Garrow ■ says:— "The prosecutor has the right to stand any 'number, of ..jurors .'aside without challenging them; .the accused has no We'li' right. If the: jury panel :has been •exhausted ■'. before ,a jury; has been empanelled, those who. have been directed by the Crown to stand aside can be called again, and they cannot be <. again directed by the Crown .to stand aside, although they can be challenged for cause' or ■peremptorily if the Crown has nat. .exhausted -its. peremptory, challenges." ■ • ', ■ ;,'.-,. "'The'necessity to, pray a tales does not: of ten;- arise, although '! of recent years, it is stated,- there has been such a case, the .Chief: Justice (Sir. Michael Myers)' being on- the Bench on, that occasion. Counsel for the/ accused yesterday did not' challenge one juror who was called. ,'' . .-- .'... > and- Humphreys had; been-/living together, as man and wife. . ' :" : His Honour: '' Wliy did you' say *no' a moment before?"* : . ■" ; ;. .-. Witness djd-not answer.' ;:* ;' • The, girl,, • continuing • her evidence, said she was at •* Sai's'place on the night of 15th -July. -She.had- been in the habit of visiting Ghinamen and had been1 to Ah' Lai's -^several times. Witness also admitted -that she-had undergone periods of detention in women's institutions.. :. This • concluded • the evidence, and counsel for the "accused- begaii his address; to the jury. He was followed by the' Crown Prosecutor, #nd his Honour then, suminedj. up.";,-s • In his address,/the Crown Prosecutor said that a deliberate attempt had been made by ■ the defence to blacken the character-of; a.n-honourable police officer, arid he did not hesitate to suggest to.tho jury, that the defence was a pure fabrication: and nothing else. It was submitted that the;girl acted:as a decoy ,to the" two accused, and .that it was a scandalous thing that a detective should be submitted.to such charges as had been, made in this case. Although he made no accusation, against counsel for the accused, he felt it his duty t°. .sajr .that the charges^ levelled at Detective Hayhu'rst, in .his opinion, vferge'd" oh' &n" absolute frame-up. • •His' -Honour's summing up ■_ occupied only, ten minutes.-In it his' Honour also criticised the defence,, arid the allegations made against the detective. He daid'that the case'assumed a serious • aapee.t ibeeause-of- the very !gross charge .thai.had ,be.en. made against Detective Havhurst. 'Che jury retired a. few minutes before •oue- o'clock, and:Kad not returned at .3.10 p.m. .... , • . .