AVOIDING SERVICE ON JURY

Hawera Star, Volume L, 25 October 1930, Page 9

AVOIDING SERVICE ON JURY

'Jp'HE winch-driver employed on the erection of a city 'building is a. mam to be 'considered, says Mr J. Richards in the “Melbourne. Argus.” An error of judgment on his part may result in a serious accident. One of these winchdrivers was summoned for jury service recently, and he asked Mr Justice MeArt.hu to exercise, his discretion and not insist on his being absent from his job. He told thei court that- the contractor hadi no desire to employ a man casually for three days while the winch-driver, who had been engagd since the inception. of the work, was absent. “What would the contractor do if you were taken ill with inf I uenza?' ’ asked Mr Justice McArthur. “I suppose they would struggle along somehow,” replied the winch-driver nonchalantly, amid laughter. Mr Justice McArthur had .some doubt whether he should excuse the winchdriver, and he heard other jurors who wished to be. excused befoe arriving at a decision. Eventually he permitted the winch-driver to return to his job. The fear that the absence of the expert j night result in a serious accident was the determining factor. The day has not yet arrived when winch-drivers are entitled to statutory exemption.

About 6000 men. are eaUedi upon to serve as jurors in criminal trials in Melbourne each year. The trials are held in both the Criminal Court and in the Court of General Sessions. A jury panel consist of about 60 men. Usually half a dozen of these ask to be excused.

Deafness is the commonest exeusc advanced by men who aslc to bo relieved of jury service. “What would you say if a mnu asked you to harve a drink? ’ ’ was the retort of a judge, uttered in a low voice, when that excuse was offered to him. The man put his hand behind his ear, after the manner of deaif men. No smile crept over his face, which the judge accepted as

Examples from Melbourne

positive proof that the man was really deaf. He was excused. Three men summoned in a panel before Judge Foster in General Sessions a few day® ago asked to be excused on the ground of deafness. Judge Foster questioned tho men in a low voice. He refused to excuse two of them. The third man, obviously very deaf, was promptly excused. “I served in tho Criminal Court, three w r eeks ago,” said a man summoned for jury service in General Sessions. On the ground that it was unreasonable to ask a man to ,servo twice in the same month, the man was excused.

In these days of financial depression the courts have been ready to lend a sympathetic ear to the request, of men, the absence of whom from their work might result in other employees being thrown idle, to 'be excused from jury service. A designer was released a few days ago. He told the court that tho season for the trade was fast approaching, and that his absence from duty would cause considerable inconvenience.

Judge Winneke excused a yuan who had been night duty and had not been to bed ‘before coming to court to answer his summons to. serve on juries. “This is no place to sleep,” remarked Judge Winneke amid laughter. The man who objects on religious grounds to “judging bis fellow-men’ ’ hais not been seen .so frequently at- the courts recently. Some judges do not excuse men conducting “one-man” businesses if the court is satisfied that by taking the necessary steps efficient casual help could be obtained'. A great deal depends upon the circumstances of eaeb ease.

Many men -aged- more than 60 years do not take the steps necessary to have their names removed from the jury lists at the Bevision Court held each year. If these men are summoned, and they ask to be excused, they are generally released aind fold to have their names struck off the lists.