EMPANELLING A JURY.

Northern Advocate, 9 December 1910, Page 6

EMPANELLING A JURY.

AN UNUSUAL INCIDENT. Persons who assembled at the Wellington Supreme Court the other momIng out of curiosity placed themselves unwittingly in the position of being liable for service on a jury which wns being empanelled to hear a divorce action. The circumstances were unusual. In the first place an application for exemption by a member of the original panel was refused by his Honor Mr Justice Cooper, on account of the small number of persons summoned to serve. I Three counsel were engaged in fie case, and in consequence of their challenges, the panel had been exhausted when only eight jurors had been sworn in, four still being wanted. His Honor, counsel and the Sheriff looked at each other inquiringly, and then Mr Justice Cooper remarked: 1 have not to do anything. Mr M. Myers: My friend Mr Wilford is conducting" the case for the petitioner. His Honor pointed out that unless counsel were prepared to accept persons then in the court to act as jurors the case would have to stand over until next session. Mr Wilford pointed out that if the sheriff could not get the requisite number inside he would have to go outside for them. Then a question arose as to what constituted the qualification of a person for sei'vice. His Honor remarked that it did not necessarily follow that a man must be on the jury list. Mr Wilford: Twenty-one ■ years of age. Mr Myers: And not incompetent. His Honor: Are counsel agreeable to the course suggested? We do not want a mistrial. Counsel agreed, and immediately an order was given for the doors to be closed. Unengaged counsel, curious onlookers and others scurried in the direction of the various exits like frightened rabbits for their warrens in the hope of escaping from service but many of them were stopped by burly constables. The sheriff then went to the part of the court occupied by the public, and, by His Honor's direction, proceeded tc add additional names of jurors to the panel. Curiously enough, the name of the first person approached was that of one who had vainly attempted to escape from the building. Mr Wilford.. however, objected to him being called to serve "For Cause"—the ground being that he was a son-in-law of the co-respondent. His Honor: Is that so? "Yes, your Honor," was the reply. "I tried to get out of the building, but was stopped."

The objection was upheld, two otuar persons being subsequently rejected on account of being indirectly interested in the case. The names of seven men in the body of the court were added to the panel, and the remaining places on the jury were filled up without further trouble, the "talesmen of the panel, for whom there was no use, being discharged from further service and the whole of the jury freshly sworn in. His Honor incidentally remarked: It's a very unsatisfactory matter this. Mr Wilford: Very.