JURY FOREMAN TESTED

New Zealand Herald, Volume LXXIV, Issue 22822, 1 September 1937, Page 14

JURY FOREMAN TESTED

DENIAL OF DEAFNESS VERDICT IN DIVORCE CASE NEW TRIAL POINT RESERVED [by telegrafh—PßESS association] WELLINGTON, Tuesday Tho hearing of tho foreman of tho jury which heard a divorce suit brought by Bert Henry Tickner against Elsie Evelyn Tickner in tho Supremo Court was tested by counsel to-dav. The jury had brought in a ninc-to-thrco verdict for respondent, and petitioner then moved for a new trial on the grounds that the foreman, Mr. Francis John Armstrong, was deaf and that the verdict was against the weight of evidence. In the witntSss-lox the foreman denied he was deaf, and said his hearing had been the same for,- tho last 25 years. Counsel for appellant, Mr. Scott, questioned him about parts of the evidence and His Honor commented that Mr. Scott had tested the foreman fairly drastically by speaking in a lower tone of voice than ho normally used in Court, and his questions had been answered. His Honor said ho had no doubt about the matter, but as one of the points raised in argument, that a three-fourths majority verdict was not acceptable in ft divorce case, was an important one on which thero was no , reported decision in New Zealand, he would give hi 3 judgment in writing.