JUDICIAL VAGARIES.

New Zealand Herald, Volume XVI, Issue 5359, 20 January 1879, Page 2

JUDICIAL VAGARIES.

A novel affair has occurred in Wellington Supreme Court. Plaintiff's solicitor, Mr. Ollivier, challenged a special juryman. Hid Houor said the name should have been struck off at the proper time. He had no power to take notice of the objection now, unless tli-i other side would consent. Mr. Travers, for the other side, said he could not give his consent. Mr. Ollivier said he must Chen resort to challenge 11 for cause." As this right has only been once before exercised in the colony, His Uoaor and counsel on both sides were engaged for more than an hour iu settling preliminaries and diving into law books to find tbe proper course of procedure. Ultimately Hia Honor said Air. Ollivier must in that case state his objection to Mr. Capper, and the Judge could then decide the validity of the objection, or order it lo be tried by the jurymen already sworn, but the latter coarse need not be resorted to if a jury could be got without Mr. Capper. Mr. Ollivier stated his objections, which were, that Messrs. Turnbull and Co., for whom Mr. Capper was were largely interested in the ca-?e. He asked His Honor to decide the question. Mr. Travers wished to go to a jury. About this time the whole proceedings were found to be informal, Mr. Ollivier having taken his objection at the wrong time. The jury were called aud 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 that though 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 a jury had not been sworn. After some difficulty as to the form of oath to be administered, Messrs. Boardman and Warburton were sworn as the jury. Mr. Capper's examination was theu commenced again ; but when he had got to abont the same point in hi 3 evidence, it was discovered that he had been sworn on the wrong form of oath. This was made right, and once more he wis examined. He admitted his intimate connection with the firm of Turnbull and Co., and that they were largely interested in the bankrupt estate of McLean. Counsel then argued the point as to whether Mr. Capper was disqualified, and at last the jury decided that he was interested, a3 the same time saying that they did not wish to cast auy imputation upon Mr. Capper.