SCENE IN A COURT. Wellington, Jan. 15.

North Otago Times, Volume 2094, Issue 2094, 18 January 1879, Page 3

SCENE IN A COURT. Wellington, Jan. 15.

A novel affair occurred in the Supreme Court this morning. In a case al out to be heard, the plaintiff's solicitor, Mr Oliivier, challenged a special juryman. His Honor said the name should have been struck off at the proper time. He had no power to take notice of the objection now, unless the other side said he could give his consent. Mr Olliver said he must then resort to the challenge "for cause." As this right has only been once before exercised in the colony, his Honor and the counsel, on both sides were engaged for more than an hour in settling preliminaries, diving into law books to find the proper course of proceeding. Ultimately his Honor said : "Mr Ollivier must in that case atate his objection to Mr Capper, and the Judge can then decide the valithe objection, or order it to be tried by the jurymen already sworn, but latter course need not be resorted to if & jury can be got without Mr Capper." " Mr Ollivier stated his objection, which was that Messrs Tnrnbull and Co , for whom Mr Capper was manager, were largely interested in the case. He aaked his Honor to decide the question. Mr Travers wished it to go to a jury. About this time the whole proceedings were found to be informal, Mr Ollivier haying taken his objection at the wrong time. The Jury were called and took their seats and they were sworn separately. When it came to Mr Capper's turn, Mr Ollivier took his objection, and proceeded to question Mr Capper, who was sworn as a witness against himself, Mr Ollivier saying thaUhough he objected to Mr Capper as a-juryman, he had sufficient confidence in him to take his evidence. About half the examination had been concluded when it was recollected that the Jury had not been sworn. After some difficulty as to the fcrm of oath to be 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 the 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 his intimate connection with the fit m of Turnbull and Co., and that they were largely interested in the 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 they they did not wish to cast any imputation upon Mr Capper.