AN AMUSING CASE.

Lyttelton Times, Volume LI, Issue 5584, 16 January 1879, Page 5

AN AMUSING CASE.

[Bx TEwsaiiAPU.] [TIMES' SPECIAL WIRE.] WELLINGTON, Jan. 15. A novel affair occurred in the Supreme Court this morning. Plaintiff’s solicitor, Mr Ollivier challenged a special juryman. His Honor said the name should havo been struck off at (be proper time, and he hod no power to take notice of the objection now. Unless the

other sido agreed he could not give his consent. Mr Ollivior said ho must then resort to tho challenge " For cause.” As this right has only been once before exorcised in tho Colony, Hts Honor and tho counsel on both sides wore engaged for more than an hour in settling preliminaries and diving into law books to find tho proper course of procedure. Ultimately. His Honor said Mr Ollivior must in that ease, state his objection to Mr Capper, and tho Judge could then decide tho validity of the objection or order it to be tried by the j urymen already sworn, but the latter course need not bo resorted to if a jury could bo got without Mr Capper, Mr Ollivior stated his objection, whicli was that Messrs Turnbull and Co., for whom Mr Cupper was manager, wore largely interested in tho case. About this time tho whole proceedings wore found to tie informal, Mr OHivicr having taken his objection at the wrong lime. Tho jury were then called and took their soats, ana they wore sworn separately. When it carao to Mr Capper’s turn, Mr Ollivior took his objection, and proceeded to question Mr Capper, who was sworn as a witness against himself. Mr Ollivior laid that though he objected to Mr Capper as a juryman, ho had sufficient confidence in him to take his evidence. About half the examination had been concluded when it was recollected that a jury had not been sworn. After some difficulty as to tho form of oath to bo administered, Messrs Boardman and Warburton were sworn as the jury. Mr Capper’s examination was then commenced again, but when he had got to about tho same point in his evidence, it was discovered that he had been sworn on the wrong form of oath. This was made right, and once more he was examined. He admitted hie intimate connection with the firm of Turnbull and Co., and that they were largely interested in tho bankrupt estate of M'Lean. Counsel then argued the point as to whether Mr Capper was disqualified, and at last the jury decided that he was interested, at the same time saying that they did not wish to east any imputation upon Mr Capper.