CHARGE OF CONSPIRACY!

Hawera & Normanby Star, Volume LXVIII, Issue LXVIII, 22 June 1912, Page 5

CHARGE OF CONSPIRACY!

THE BLENHEIM INCIDENT

HIS HONOR'S REMARKS

BI lIIiEGBAPH—VB.ESS ASSOCIATION

BLENHEIM, June 21. Commenting on the evidence offered this morning in regard to last night's escapade at the police station, his Honor said that it was true, as had just been remarked, that it was a most unfortunate thing to havo occurred. He could not help saying that it pressed hardly on^ the accused in the view that he took of the matter, but he could not help that. The law provided, under Section 431 of the Crimes Act, as follows: "The court may, in case of any emergency or casualty, rendering it in its opinion highly expedient for the ends of justice so to do, in its discretion, discharge the jury without giving a verdict, and direct a new jury to be empannelled during the sittings of the court, or postpone the trial on such terms as justice requires." It was only on very grave and serious conditions indeed that the clause ought to be applied. It was applicable only when the court was practically convinced that a risk of a trial not being a fair and prooer one between prisoners and the country existed. When it became expedient for the ends of justice the course provided for should be taken. He had to consider the facts brought under his notice, and there were no really disputed facts. He wished to say in as few remarks as possible that, with respect to the police, they had in all respects performed their duty in the matter. -Theae was no occasion for him to say much. A man named Webb had been mentioned in connection with the matter. He did not wish to say anything to prejudice that man. He could only say that the reason why he did not proceed to_ investigate the matter as against him, with a view of determining whether he should be punished for contempt of court was that he thought it better that the matter should be investigated by the Grmvn Prosecutor, with a view ot determining whether he committed any legal offence. If it were proved that he did commit a legal offence, it would be the duty of the Crown to proceed against him. That reduced the matter he had to consider to the question of the conduct of Clarke ,the foreman of the jury, and the question whether his conduct was such as to satisfy him that it was highly expedient for the ends of justice that the trial should not proceed with the present jury. This involved on].y Mr Clarke. It had nothing to do with the other members of the jury If this were a civil case, in which "it might be possible to take a threefourths verdict, that matter mi^ht pass, but it was a criminal case, "in which there must be a fair and patient investigation, in which the whole of the circumstances must be determined by a. unanimous verdict. The foreman ot the jury had worked himself into a state of indignation over nothing, because the young men had to stay in the cells all night. The treatment of the young men was exactlyv the same as that received by all accused persons with very few exceptions. He might as well state to the public the reasons why tins practice was followed. His reason !L\Ti i ng jfta * ir \ all cases the accused should be detained was so that they might not be found "hobnobbing" with jurors. Such a thing was very grave but lus judicial experience was suffice eiitly long for him to know that such tiling did occur. His experience in this case was sufficient to tell him that such titles might occur. It was a reasonable fear that they might come into contact with persons who had no higher son,, of r]nty than Mr Clarke <id shown in this ,•■.,.. H- * or nd th-it the moment Air Clarke waS^ouJ iomid it nGt v.s.sary to eject him from tne ■promises of five gaol he showed sue™ X t\V° Huilors mmd> unfitted ;'v° bp * JUr°u' aild him to K£?.S'*t nS °a- h tO fil' d a"«» verdict l'«;y'o->. th« prisoners and the-court "■ 'K>nig .so, it seemed to him them «» S nit my course open to C Re ; ( -; ■»' ailing in his duty were he not •■<■■ «wl\ the provisions of Section 4.31 -V.:,r rase: being bo, fee, with r^i rogret, had to apply the provis y* ",.* "* s,° far as he knew, had never H~7-e been_ applied in the hfstwv Ue° d°H fi finn m nn Bl'nce, tl e A ct cameSiJ '•>'ce. He proposed to discharge the jury and order a fresh jury to be P m iiannelied. That could only b? done a subsequent sitting, -cs no othe urors -:vero m attendance. ■ ' s