JURY OF TEN

Evening Post, Volume CXV, Issue 108, 10 May 1933, Page 8

JURY OF TEN

PANEL EXHAUSTED

But for the consent of counsel for the parties to accept the verdict of ten men,, it would ,have been necessary in the"' Supreme Court today, in order to complete a jury of twelve to try a civil action, to pray a tales, that is, to call upon bystanders in the Courtroom. This unusual procedure, so far as the Supreme Court in Wellington is concerned at any rate, is followed when the jury panel is exhausted, as was the case today. Mr. O. C. Mazengarb and Mr. G. t*. Watson, counsel for the plaintiff and defendant respectively, each challenged four of the jurors called. With two more jurors required to complete twelve, the Deputy-Registrar (Mr. E. G. Rhodes) informed Mr. Justice Ostler, who was on the Bench, that the jury panel had been exhausted.. His Honour gave instructions to pray a tales, and Mr. Rhodes ordered the doors of the Courtroom to be closed. ' At this point Mr. Watson miggesleij the difficulty might be solved by counsel agreeing to take the verdict of a jury of Mr. 'Mazengarb said he was agreeable, and this course was followed. Both counsel, addressing his Honour, said that in making their challenges they had no idea that the jury panel was in danger of exhaustion. Mr. Justice Ostler: You were quite entitled to. challenge.