FOREMAN CHANGED

Manawatu Standard, Volume LVIII, Issue 276, 20 October 1938, Page 13

FOREMAN CHANGED

DIFFICULTY OF JUROR. AN UNUSUAL~SITUATION. Circumstances of an unusual nature arose shortly after a jury had been empanelled in the Supreme Court at Palmerston North, yesterday afternoon, for the hearing of a charge of negligent driving, thereby causing death, and they necessitated the replacement of the foreman, of the jury by another juror. Before the hearing of evidence commenced, or the Crown solicitor had made his opening address, the foreman of the jury intimated that he found difficulty in sitting on the jury because of his friendship with the person accused.

His Honour, Sir John Heed: I wonder what we can do for the best. Mr H. It. Cooper (Crown solicitor) suggested that it might be possible to proceed with eleven jurors instead of twelve. “Can I do it?” asked His Honour. “I am not sure.” Then he added smilingly, “Perhaps we can send the police out on to the streets to catch someone.”

“Do you feel that you are being placed in an invidious position?” His Honour asked the jury foreman. The foreman replied that he had friendships both with the person accused and the deceased persons involved in the accident. No doubt he could adt impartially, but had been desirous that His Honour should know the circumstances, as he had felt somewhat in a difficulty. His Honour: There is no doubt that you are placed in a difficulty, but if you feel that you can judge the matter impartially, without allowing yourself to be influenced one way or the other— The foreman: I would feel able to do so if someone else took my place as foreman.

His Honour recalled that at Napier some time ago it was found, after a jury had convicted, that its foreman was the first witness called to testify to the character -of the accused when the latter had come up for sentence. He had not allowed his friendship with the accused to influence him. The foreman said he had felt that he should make the circumstances known. His Honour: Oh, yes. You were quite right, of course. Another juror then replaced the foreman, though the latter continued to serve on the jury.