JUROR’S ILLNESS

Gisborne Herald, Volume LXXV, Issue 22626, 1 May 1948, Page 6

JUROR’S ILLNESS

RETRIAL’ UNUSUAL SITUATION | : CONTINUATION OF CASE (P.A.) DUNEDIN, April 30. When the trial of Phyllis Freeman on a charge of murder was resumed in the Supreme Court after an adjournment of 30 minutes at 12.30 this afternoon the non-appearance of the foreman of the jury resulted in a rare, if not unique occurrence in the history of New Zealand murder trials. Dr. P. P. Lynch told the court that he had been called upon to examine the foreman during the adjournment and had found him to be acutely ill with colic. In his opinion the attack would last at least for 24 hours, if not for a longer period, and he considered the foreman incapable of continuing to perform his duties as a juror. The Crimes Act, 1903, provides that in such a case the jury may be discharged. or in the Court’s discretion and with the consent of the prosecutor and accused, the trial may proceed and the verdict of the remaining jurors be taken. Both the Crown prosecutor and the defence counsel signified their consent to I’ne latter course and the registrar asked the accused: “Do you consent to the Court proceeding with the remaining jurors and to take their verdict?’’ The accused replied: “Yes Your Honour,” and Mr. Justice Kennedy ordered the trial to proceed. The foreman was discharged and the jury elected another member of the jurv to fill his place. The principal Crown witness heard ‘his morning was Cyril John Byrne, manager of U.F.S. Dispensary, Oamaru, who entered the witness box yesterday afternoon. Under cross-examination by the defence counsel. Mr. J. E. Farrell. Byrne stated that he was now aware that the type of strychnine bottle recovered in a tin from the dam on Morrison’s property was not available for sale in 1942. Byrne was followed by three employees of Kempthorne Prosser, Limited. the firm which railed a consignment of strychnine to the dispensary in 1942. The public galleries of the court were again crowded.