MURDER TRIAL JURY

New Zealand Herald, Volume LXIX, Issue 21328, 1 November 1932, Page 10

MURDER TRIAL JURY

UNUSUAL COURSE TAKEN ONE MEMBER EXCUSED For the greater part of the hearing, only 11 jurors took part in the retrial of Heta Fred Gardner, a Maori boy, charged with murder, in tho Supreme Court yesterday. A fuli jury of 12 was empanelled in tho morning. Shortly after the case commenced, a juror, who complained of not feeling well, was granted permission by Mr. Justice Smith to retire from the Court, under the escort of a constable. An hour later, tho juror was again permitted to leave. Mr. Hubble, who conducted the case for the Crown, suggested that the hearing should be conducted , with a jury of 11. ]lis Honor stated that he had power to direct that the case should proceed without the juror, provided tlr the accused agreed to the course. The Crown solicitor and counsel For the accused, Mr. Trimmer and Mr. Turner, consulted on the question, and Mr. J. Rukutai, interpreter, asked the accused if he would consent to the course. Gardner raised no objection, and the case was continued with a jury of 11, the twelfth juror being excused from duty. The Crimes Act provides, as an alternative to the unusual course taken, that the Court may direct the empanelling of a new jury 'or the postponement of a trial. The oonsent of both prosecutor and accused is required to continue with a smaller jury.