FRIEND OF ACCUSED

Evening Post, Volume CXXVI, Issue 96, 20 October 1938, Page 27

FRIEND OF ACCUSED

POSITION OF JURYMAN

(Special to the "Evening Post") PALMERSTON N., This Day. The personal friendship that existed between the foreman of a jury in the j Palmerston North Supreme Court yesterday and the accused placed the foreman in an invidious position which he mentioned to Mr. Justice Reed. The Crown Prosecutor, Mr. H. R. Cooper, said that he was prepared to carry on with eleven jurymen if counsel for the accused would, agree, but his Honour said he doubted if he could accept the proposal. He smilingly added that perhaps he could send a constable out int6 the street to catch someone. . i Mr. Cooper thought the foreman capable of giving an honest verdict. The foreman said that the accused's son visited his house a great deal and both persons who had died as a result of the accident had been ..quite friendly with his wife. "I have no doubt I could do my duty impartially, but I have a feeling of difficulty," he added.

His Honour: No doubt it must place you in a difficult position, but you could judge the matter fairly without allowing friendships to influence you one way or another. I The foreman thought he could, but suggested that someone else be appointed foreman, an,d the Court agreed. His Honour; mentioned that he had had a case .at Napier some time ago when nothing was said about personal friendships' and the accused was duly •convicted. Next day, .when the accused was before him for/sentence, it was the foreman of the July who had entered; the witness-box and given evidence as to the accused's good character and his having known him air his life.