IMPORTANT LEGAL POINT

New Zealand Herald, Volume XL, Issue 12212, 6 March 1903, Page 5

IMPORTANT LEGAL POINT

Tby telegraph. —PßESS association.] Invercargill, Thursday. When the Supreme Court opened to-day the Crown Prosecutor moved for an order quashing the indictment against Dr. Fullarton, charged with illegally using an instrument, on the ground that the finding of a true bill by the grand jury was irregular. He said it was necessary in finding a true bill that 12 jurors, at least, should concur, but in the present case it appeared that out of 19 jurors 10 were for finding a true bill and nine against. Affidavits to that effect had been made by Detective Mcllveney, who was present. «The jury had committed an error in bringing in the bill, and it was a question in what way the matter should be brought before the Court. There were no English 'cases bearing on the point. Mr. Solomon, for the accused, said his'presence was not ah admission that evidence was receivable regarding the bill. Judge Williams thought the proper course was to go on with the trial, and in reply to the Crown Prosecutor said he did not think the Crown's case would be prejudiced if he reserved the point for the 'Court of Appeal. It was a very important and grave point, and should be decided by the highest tribunal in the colony. . The Crown Prosecutor's motion was then postponed till the trial, when the questions raised will be reserved for the Court of Appeal.