ACCUSED MAN'S CHALLENGE

New Zealand Herald, Volume LXVI, Issue 20362, 17 September 1929, Page 12

ACCUSED MAN'S CHALLENGE

WHY IT WAS ALLOWED.

FORMER CONVICTION KNOWN.

Mr. Jutice Wasley told a jury in the Criminal Court' in Melbourne lately why the plea of Harold Dunn Foster, salesman, to have a jurer set aside was allowed after Foster had exhausted his right of peremptory challenge. On the previous day Foster challenged the juror. Ho remained silent when asked to give reasons. Eventually Mrs. itbsanovo, who ' appeared for Foster, hinded up a note to Mr. Justice Wasley. The Grown prosecutor, who said that he wps familiar, with the contents of the npte, suggested that the juror bo set aside, and this was done. It was disclosed during argument that the juror held an administrative position at tho London Stores.

The charges against Foster wore that he had stolen a quantity of fuji silk and a quantity of crepo do chine silk, the property of Manton and Paul Proprietary, Limited, and with having stolon a quantity of hosiery, the property. of Foy and Gibson. Proprietary, Limited. There were alternative charges of having received the goods, knowing them to have been stolen, in respect to the fuji silk and the hosiery. Tho jury returned a verdict of guilty in respect to the alleged thefts from Manton and Paull Proprietary, Limited, and of not guilty' in respect to tho theft from Foy and Gibson Proprietary, Limited. Foster was remanded for sentence. Ho admitted some previous convictions, among "them being one of stealing from the London Stores. Mr. Justice Wasloy told the jury that Foster had objected to tho juror becauso the latter was associated with the London Stores at tho time that the previous charge was made.