JURY DISCHARGED

New Zealand Herald, Volume 82, Issue 25215, 30 May 1945, Page 9

JURY DISCHARGED

JUDGE ADJOURNS CASE TELEPHONE CALL SEQUEL A report that a person who said, he was a juryman had attempted the previous evening to communicate by telephone with counsel engaged In a case led Mr Justice Fair to discharge the jury yesterday morning and adjourn the case. / The case was one in which Esmond Edward Rodbourne Luttrell, a carpenter, aged 54 (Mr Henry and Mr Simson) claimed from Transport, Ltd. (Mr North and Mr Westbrooke), £526 special and £ISOO general damages. The claim arose out of an accident in Shortland Street in December, 1943, when plaintiff was struck by one of defendants buses and had his knee injured. Message For Counsel His Honor told the Jury that the previous evening one of the counsel engaged was rung up on the telephone and was told it was a member of the jury speaking, who wished to communicate with him about the case. Counsel very properly said that he could not listen to anything the juryman had to say, and rang off. That counsel, in accordance with his duty to the Court, had seen His Honor with the other counsel and informed him of what had taken place. It might be inferred that something had occurred in connection with the trial with which a juryman thought the Court and counsel should be acquainted, His Honor continued. But when a man was called to serve on a jury he became for the time being part of the Supreme Court. His Honor had thought it desirable to have the registrar inquire whether any member of the jury has anything to communicate to him, but it appeared that no member had. There was fr the alternative that the person who rang up counsel was not a member of the jury at all, but that seemed hardly likely. Unsatisfactory Position The position was unsatisfactory, said His Honor, because it had been laid down many times that not only should Justice be done but it was almost as important that it should appear quite clearly as Justice. He • thought it desirable that the registrar should see each member of the jury individually and that eaoh member should state whether or not the communication was made by him. After an adjournment of about an hour the jury returned to Court and His Honor reported that each memoer of the jury stated that it was not he who communicated with counsel. That left a rather unsatisfactory position, without reflecting in any way on any member of the jury. It seemed most satisfactory that this jury should he discharged and the.matter considered later by a fresh jury. It was very unfortunate, but that seemed the best way out. The case would be adjourned until next sessions. On the application of Mr Henry jury fees were remitted. ROAD CONDITIONS THE MANUKAU COUNTY General deterioration of secondary roads in the Manukau county as" a result of the recent excessive rainfall following a wet summer was reported by the county engineer, Mr L. E. Utting, at a meeting of the council yesterday. Some damage, said Mr Utting, had occurred, particularly in hilly districts. Metal and scoria were being supplied as quickly as possible, the more urgent works receiving preference, although labour difficulties were restricting operations. It would require larger sums of money than were provided by present riding finances to comply with the requests for improved maintenance, added Mr Utting. "It must also be remembered that continually rising costs are reducing the volume of work which can be carried out on a fixed revenue." During the year ended March 31 a total of £44,892 had been expended on the maintenance of the 310 miles of roads in the county. Refunds on the 63 miles of main highways amounted to £7024, and a total of £11,513 was refunded for damage caused by military vehicles. The total net expenditure to the ridings amounted to £26,354. NOTED BOXER DEAD DAVE SMITH, OF AUSTRALIA (Reed. 8.30 p.m.) SYDNEY, May 29 Rated as one of the greatest light-heavy-weight boxers ever produced In Australia; and a former champion, Dave Smith, aged' 59, died in a private hospital here today. Smith was a New Zealander being born at Dunedin on May 10, 1886, but all his boxing' was done in Australia. ATter winning- the Australasian heavyweight championship as a New South Waies representative in 1908, Smith turned professional and he was twice Australian heavy-weight champion. He fought all the great ones in Australia's golden era of boxing between 1911 and 1917. Although weighing: Just over ISst, Smith defeated such noted heavy-weights as BUI Squires and Bill Lang. AVhen the brilliant Les Darcy first came to Sydney from the New South Wales coalmining district of Maltland in 1914, he took lessons from Smith, under whose tuition he showed remarkable improvement. Later, master and pupil met twice in the ring, with Darcy knocking 1 out Smith on each occasion. Earlier in 1914 Smith had- lost the Australian heavy-weight title to Jimmy dabby. but he later regained It and retired. In 1917 he became heavy-weight champion again, defeating Albert Lloyd. He fought for the last time In 1917.For practically the whole or his professional career Smith fought with a fracture of the transverse process of the spine at the back of the neck. He attributed his Injury to a fall under a shower. A clever boxer of the orthodox school. Smith was particularly noted Tor his straight left and his brilliant footwork. Smith was regarded as the first gentleman or the Australian ring, living an exemplary life and never committing an , unfair act against an opponent In his whole career. He had been In ill-health for some time. CROQUET OFFICIALS 1 Mont Le Grand Club.—President, Mrs. ■ F. E. Fenwick; vice-president, Mrs E. A. . Smerdon; hon. secretary, Mrs M. I. Stephen- , son; lion, treasurer, Mrs A. Fleming; hOn. auditor, Mr A. Roberts; committee, Mesdames Taylor, Curnow, Birkenhead, Phillips; delegates to Auckland Croquet Association, Mesdames Fenwick and Stephenson. HOUSING FOR MAORIS (0.C.) HAMILTON", Tnesday Three unused Army huts have been i obtained to help relieve the congestion at the Maori hostel at Frankton. The huts are at present being reconstructed on the site, and it is hoped that they will be ready to house the overflow of visitors at the hostel in a short time. OPEN-AIR THEATRE (0.C.) HAMILTON, Tuesday The lay-out of the open-air theatre ■ in Parana Park, Hamilton, is becoming 1 more apparent now that the trees ana j shrubs are taking shape .as neatly- ' trimmed hedges. The slightly sloping stage is backed by well-established trees, through which can be seen glimpses of the Waikato River.. Lawsopiana hedges provide the wings and a box hedge is taking shape as a screen for the footlights. The lawn of the auditorium which rises from the stage is flanked on each side hy lawsonianas, now trimmed and forming hedges in double rows which provide passageways to the stage.