A UNIQUE INCIDENT.

New Zealand Herald, Volume XXXVIII, Issue 11731, 13 August 1901, Page 5

A UNIQUE INCIDENT.

THIRTEEN JURORS IN THE BOX'.

' NEW TRIAL ORDERED.

It is not an uncommon' thing to bear of a new trial having been ordered in a case before the Supreme Court owing to a jury failing to agree on a verdict, but it is certainly unique to hear of a fresh trial being ordered through the presiding judge, finding too many jurors in the box when the jury returns from its deliberations to announce its finding. This, however, occurred in a case heard before His Honor Mr. Justice Conolly, at the criminal sittings of the Supreme Court for the northern district yesterday, and as far a-s is known, is without precedent in Auckland, probably without precedent in the colony. ■Sp The case in which it occurred was that of John Delaney, a young man charged with an attempt to pick the pockets; of Matthew Jas. Whitelaw, in Auckland, on June 11 last. The accused pleaded not guilty, and on the jurors being called he exercised his privilege by challenging several of those who came forward, among the number an elderly man named George Plowman, who, on being ordered to stand down seated himsblf handy to the jury box. The case was proceeded with, evidence was heard for both 1 prosecution and defence, and the jury retired to consider their verdict. _ After deliberating for upwards of an hour they returned, and the foreman announced that the jury were unanimous in finding the prisoner guilty of the offence,for which he had been arraigned. It was then that the presence of • an additional juror was first discovered. ..... His Honor asked how it was that there came to ht> 13 jurymen in the box instead of 12, and called upon the extra man to stand up and explain. The jurors looked at one another in a questioning manner, but no one obeyed, and it was only after the names of the 12 men empanelled had been read out by the Registrar that it- was found that Plowman was the extra man. On being called upon for an explanation, Plowman, who was apparently somewhat hard of hearing, muttered something about having thought that he was only doing his duty in joining the jury, and he was then dismissed from further attendance during the sittings^ His Honor, turning to the jury, said lie was sorry that the course had to be taken, but there was no option but. to dismiss the jury and order a new trial of the accused. He ruled accordingly. It seems that when the jury rose to retire Plowman marched out at the head of the 12 good men and true, and took up his seat with the jurors in the retiring room, evidently bent on faithfully carrying out his duty to King and country. The presence of number 13 was not noticed by the police escort in conducting the jury to and from the room, neither was it noticed in the room, as Plowman is said to have been called upon by the foreman to express his views. .