OATH IN COURT

New Zealand Herald, Volume LXXIV, Issue 22714, 28 April 1937, Page 8

OATH IN COURT

OBJECTION TO WORDS JURYMAN'S ARGUMENT DISCHARGE FROM SERVICE A juryman who would not use the Words "Our Sovereign Lord the King" when being sworn, but would only say "the King," was ordered by Mr. Jus- _ tice Swift, at Birmingham Assizes recently, to'leave the box. Later he was discharged from any further attendance. The juryman was Mr. Henry Whittaker. of Handsworth, Birmingham. He stated that he desired to affirm instead of taking the oath. Twice he omitted the words "Our Sovereign Lord." When the clerk was about to rexieat the words for the third time Mr. Justice Swift said: "Repeat the affirmation from the beginning." The judge's clerk repeated the words of the affirmation. Again Mr. Whittaker said "the King" when he reached the phrase "Our Sovereign Lord the King." Mr. Justice Swift told him to leave the box and take a seat in front of the dock. "Not Against the King" Later Mr. Justice Swift, addressing Mr. Whittaker., said: "You have sent me a note since 1 told you you must come out of the box or take the affirmation in the proper way. It is to the effect that the reading given this afternoon of the affirmation is not according to the law which instituted the affirmation. "Since I received your note I have been looking at the statute which has been acted upon since long belore I had anything to do with the administration of the law. What is your complaint reearding it?" Mr. Whittaker said there had been a great fight on the question of the affirmation, and there had been much suffering caused by it, and he felt they must take every advantage of what the law which brought the affirmation gave them. "As far as I know," he continued, "it has never mentioned anything with regard to the Almighty Sovereignty of the Sovereign. I am not against the King in any shape or form, and I am })repared to' act like an ordinary Engishman and to give the King his right and do my duty as a citizen." He denied that he was "one of those people who like to make a row." Judge and the Law The Judge: Tell me what is the trouble about this? "I, A.8., do solemnlv, sincerely and truly declare and affirm that I will well and truly try and true deliverance make between our Sovereign Lord the King and the prisoner at the bar whom 1 shall have in charge and a true verdict give according to the evidence." What do you object to? Mr. Whittaker: I object to that term "Our Sovereign Lord," for the simple reason that ; . it is not part of the law so far as I 'know it. and T think as far as you can read it has no part of the affirmation. The Judge: But you are quite wrong. Mr. Whittaker: Would the Judge read the wording that is in the Statute Book? I ask it very respectfully. The Judge: I hope I am treating you With courtesy. Oath Prescribed by Law His Honour then read: "I, A.8., do | solemnly, sincerely, truly declare and | affirm,'' and said that then the Act! of Parliament went on: "and then j proceed with the words of the oath j prescribed lay law." The oath prescribed j by law included the words "True de- j liverance make between our Sovereign < Lord the King and the prisoner at the j bar." ' The Judge added: "You are excused from taking the words, 'So help me God,' because you don't like them, but neither you. nor anybody else shall come into my Court, or my Sovereign Lord the King's Court, and refuse to take the oath which the law prescribes. Be good enough to sit down."