The Evening Star SATURDAY, FEBRUARY 15. 1902.

Evening Star, Issue 11683, 15 February 1902, Page 4

The Evening Star SATURDAY, FEBRUARY 15. 1902.

Stb Robert Stout is not at all satisfied with the present wording of The Jury the jury system in this System. Colony; nor is the Chief Justice the only occupant of Rnnrcmf Court Bench who has recently

relation, to criminal trials. The Colony has always followed the ancient principle of the English law which declares that a person shall be neither convicted nor acquitted cn a criminal trial save by the unanimous verdict of the jury. Eleven out of twelve jurymen may agree as to the guilt or innocence of the accused, but if the twelfth man sticks out, as the phrase goes, there can be neither conviction nor acquittal, and the trial, at least for the time being, has an, abortive conclusion, the jury “failing to agree,” It is true that in such cases tho accused is generally tried again; but, apart from the consequent loss of time, there is the consideration that the second jury generally incline to an acquittal, perhaps with an undue respect for the doubts of their predecessors, or with a sort of idea that the prisoner has had to face ao exceptionally severe ordeal. Certain jt is that counsel fo¥ the defence always face a second trial in a very hopeful mood. Sir Robert Stout points out that in Scotland, in France, and in parts of the United States unanimity is not required in capital charges, and he evidently thinks that New Zealand would do well to legislate in a similar direction and make a three-fourths majority sufficient for conviction or acquittal. Of course, such a verdict would not be accepted immediately after the Judge’s charge —not, say, until a space of six hours had been occupied in deliberation. Such a plan is often adopted in civil cases, by consent; and we are by no means sure that there is any conclusive ground for drawing the present distinction between criminal and civil matters. The question will doubtless be freely discussed, now that it has been officially mooted by the Chief Justice; but we do not expect that the suggested change will be effected either quickly or easily. It will be said that the idea is un-British, and that the immemorial rights of accused persons are Being threatened; but it might be urged on tho other side that the present system tends to give guilty persons more than their rights. Wo think it may l»e assumed that in most, cases where juries disagree the majority are in favor of a conviction ; and it is well known that a conviction has keen repeatedly obviated by the presence of one or two interested persons on the jury. Moreover, it is an open secret that attempts are often made to bring about such a state of matters in particular cases, and some lawyers are nob above talcing a very direct and invidious Interest in the prospective constitution of the jury before whom they are about to plead. Without prematurely expressing a definite opinion on the question, we are inclined to think that a prima facie case lias been established by Sir Robert Stout in support of his suggestion—'though, if the change should be adopted, an exception might well be made in respect to capital charges. Such an exception would perhaps not be logical, but it would be in accordance, with that broad sense of public justice and security which is superior to mere considerations of logic.

Mr Charles Samson is definitely out against all-comers for the Taieri seat, and Messrs I). Reid, jun., and 11. V. Fulton are spoken of an probable candidates. Mr J. J. Ramsay has decided not to contest the seat.

The matrimonial market in New South Wales evidences an improved tendency. Mr Coghlan’s latest statistics show a larger increase in the marriage rate for the year 1800 than for any of tiie five years preceding In 1839 the total marriages numbered 9,275. In 1900 the number was 9,936. Of these 267 only were married before the district registrars, while 1,035 were performed at matrimonial agencies. Mr J. Bollard, member for Eden, has publicly declared his intention of endeavoring to secure legislation for providing for the establishment of and subsidy to fruit and jam factories in the colony, in order to deal with the surplns fruit on the market, and to provide for an export trade. He advocates combined action of members for the interested districts in the direction indicated, and also a union of farmers and fruitgrowers.

The ‘Timaru Herald’ hears on good authority that Mr James 11. Hay, formerly of Timaru, was murdered at Forest Dale, Salt Lake City. Utah, U.8.A., on the night of December 16, at about ten o’clock. The object of his assassination was the sum of 3,800d01, which lie was supposed to have collected. The man who was to have paid the above amount, Peter Mortenson, is now held as the suspected murderer. Mr Hay was thirty-one years of age, and leaves a widow and three children, an aged mother, and three sisters to mourn his loss.

The annual outing of the employes of the Hillside Workshops took place at the Glen, Outram, to-day. A special train left the Kensington station shortly after eight o’clock, having aboard approximately 1,500 persons. The services of a band were obtained for the occasion, and a first-class programme of sports mapped out, which should afford interesting and keen competition. The wamts of the picnickers will be carefully attended to by the Committee who have the arrangements in hand. Messrs Arnold and Bidey, M.H.ILs. are with the parly.

The men clearing the large slip caused by the Cheviot earthquake on the Bluff road unearthed a swag, which has been identified as the property of John Connor, a single man, forty years of age, who worked for Mr Sloss, Cheviot, up to October 29. Just before the earthquake he was at Port Robinson asking when the steamer Wakata left for Christchurch, tie was told that it would not sail that day. He shouldered his swag and left apparently for M’Kenzie, and has not been seen or heard of since. It is surmised that lie was canght in the slip whilst passing under the cliffs when the mass fell. The body will in all probability be found in the debris now being cleared.

Tho Kaikorai Band will play on the Asylum Ground to-mcrrow afternoon.

Tho Momington Brass Band will play on the Town Belt on Tuesday evening. The Dunedin Navals’ Band will play at St, Clair to-morrow, commencing at 3 p.m. glia imuai bakers and pastrycooks 5 picnic will bo held at ScaclifE on Saturday, the 22nd inst.

Pearl necklaces are all the fashion just now. Mr Hcndy, hairdresser, has large assortment from Is each.—[Advt.] Excursion tickest will be issued for the Dunedin autumn races from the 24fch to tho 28th inst.

Court Prido of the Forest Juvenile Foresters meet in Stuart street Hall on Wednesday evening.

Montague’s great annual clearing sale is now on. Parties furnishing should not miss this opportunity. —[Advt.j Tho Railway Department advertises in connection with the Balclutha Horticultural Society’s show on the 21st inst. A public exhibition of Cockerell’s fire escape ladder will be given at tbo Imperial Hotel on Monday, the 17th, at 4 p.m. Who wants china? Then get it at reduced prices at Hall’s, “ Under the Billies,” 186 and 222 Princes street south.—[Advt.] An advertisement calling a special meeting of ex-pupils of the George street School, both ladies and gentlemen, appears in this issue. Everyone interested in artistic house decorations should inspect the metal ceilings and wall coverings at Briscoe’s.—[Advt.] Tho N.E. Valley Band will play in tho Botanical Gardens to-morrow afternoon. The collection will bo in aid of tho contest fund. Court Pride of Dunedin, A.0.F., meet in the Rattray street Hall on Tuesday evening, when a presentation will be made to Bro. Monro.

A striking example of twentieth century development is seen in the Anglo-Special and Humber Cycles. Anglo, Princes street.— [Advt.] The moonlight excursions by s.s. Express next Wednesday and Saturday evenings should be enjoyable, as the moon is suitable, and a brass band will be provided. A lecture and discussion on the doctrine

The Painters’ Union meet on Monday evening. Wo (acknowledge receipt of a useful illustrated catalogue from Messrs Nimmo and Blair. E. lies (by special appointment), hairdresser to His Excellency the Governor and Lady Eanfurly, also to ex-Governors Lords Onslow and Glasgow.—[Advt.] A meeting of tho No. 2 group of the Dunedin Starr-Bowkett Building Society will be held in the Oddfellows’ Hall, Stuart street, on Thursday next, the 20fch inst., at 8 p.m. Members of tho Burns Club will have ‘ A Nicht Wi’ Taanahill’ at tho monthly meeting on Wednesday next. A short address will be delivered by Dr Gordon Macdonald. Men desirous of securing superior readymade clothing, made from strong, solid colonial tweeds, are invited to inspect the stock now being given away at only nominal prices at N.Z. Clothing Factory, Octagon. See doors.—{Advt] Mr Charles Watt announces that he will begin to-morrow evening, in tho Tabernacle, King street, at GAO, a short series of addresses on some potent dangers of the time. Tho subject to-morrow will bo ‘ Bum and Romanism.’ Mr Morris, photographer, Princes street, Dunedin, finds it is not generally known that his charge is one guinea per doien for cabinet portraits of children. Any extra charges are for vignettes, groups, large mounts, also the various methods of printing.—[Advt.] The members of the Otago Yacht Club have organised a marine excursion for next Saturday, leaving the Rattray street wharf at 2.30 p.m., and returning at 6 p.m. The proceeds are to bo devoted to tho widow and family of the late James Thomson, who met his death in December last, leaving a family of five (all under the age of eleven years) totally unprovided for. Tho Union Steam Ship Company have placed the Upolu a* the disposal of the Committee, so that those who take advantage of the trip need have no fear of the weather. Freeh sale bargains are announced for this week in boys’ and youths’ ready-made clothing and morcery at the New Zealand Clothing Factory, Octagon. Bundles of boys’ school suits and odd garments made from colonial tweeds and strong serges will be offered at, ridiculously low prices. See doors. -[Advt.] Mr James M‘lndoo wishes us to say that he did not note the black sand at Haldane’s Beach. The fault was bis own; he wrote his letter so indistinctly that it was impossible to gather his meaning from the context. He also intended to say that Anderson was his mate on the journey from Haldanes to the locale of the petrified forest. He now learns that the place lias been called Corio Bay, and that attempts nro being made to bln-sl off a lump of the material and bring it to Dunedin with the object of having it turned to practical account, if possible.