JURY DISCHARGED

Greymouth Evening Star, 24 March 1928, Page 4

JURY DISCHARGED

INDISCRETION OF MEMBER.

SYDNEY, March 13.

The hearing of a jury case before Judge Edwards in the District Court, and which had occupied all Monday, came to an abrupt conclusion yesterday morning. When his Honor had taken his seat, he intimated that Mr Fuller, senior counsel for the defendants, had seen him in Chambers and intimated that he wished to make an application when the Court opened. When the jury had retired, Mr Fuller said that after the Court had adjourned the previous afternoon, one of the jurymen was observed speaking to the plaintiff. Fie was not aware what was said, and he suggested that his Honor might ask the plaintiff what the conversation was about.

The plaintiff (Mrs Kilneberg) was put in the witness-box and in answer to the Judge said that when she was leaving the Court with her daughter one of the jury came up to her and said’ “Don’t forget to bring the books to-morrow, that will correct us.” That was all that was said, the witness added.

Mr Fuller said he did not impute anything against either plaintiff or the juror, but would leave the matter in bis Honor’s hands. At the same time, he thought a juryman was going beyond his functions as a. juryman in taking such an interest in the matter, and that, coupled with the remarks made by the same juryman the previous afternoon in the course of the case, he thought the jury ought to be discharged. The jury was then called into Court when his Honor informed them it had been reported to him that one of their number had spoken to the plaintiff the previous afternoon and reminded her to bring her books along.

“This,” said Judge Edwards, “seemed to be an over-friendly interest lor a. juryman to take in the case. In the administration of justice one has not only to be fair, but has also to have the appearance of being fair, and it may be thought that a remark, of that kind might be somewhat over-friendly towards the plaintiff, and the defendants might think they had not a fair deal. Personally, Ido not think there is any such suggestion arising in this case, but the action of the juryman might cause that feeling, and, as I have aready mentioned, in the administration of justice one has not only to be actually fair, but must appear to be fair. In the circumstances the jury will be discharged from giving a verdict.”