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TRIAL OF THE RIOTERS IN CHRISTCHURCH.

[by telegraph.] Christchukch, January 9. The trial of the rioters has for the present come to a deadlock between the Crown and the jury. The whole of the jurors were exhausted without getting a panel, and hi 3 Honor ordered the doors to be locked while the situation was considered.- No one would pray for] a tale, and the Judge adjourned for further consideration, and. decided to do nothing until he had communicated with the other Judges by telegraph. An adjournment was then made till 2 o'clock, and the doors were unlocked. On resuming his seat his Honor said : Since I left the Court, I have been thinking oyer the little point involved in the present curious com-, binatioii of circumstances, and I have come to the conclusion that I shall not give my opinion now, and that I shall adjourn the.Court till to-morrow morning, in ; order to consider which of the two courses I shall take. I shall show the authorities, in order tliat counsel on,both sides may be prepared'. , When the time comes, of course, if necessary, I shall reserve matter for the Court of Appeal.' As at present advised, I think: it is perfectly competent for me to order orally forthwith a jury to' be empanelled* (His i Honor quoted the Juries Act, and the ! Jury Act of George TV.) I have some difficulty in tracing authorities on the subject, though I have'fourid several, but I don't think it necessary to go into them, but I will read one case .which I think is singularly appropriate.- It occurred 191 years ago. Some of the circupcist|nces of this case render, it! appropriate. Mr. Joynt : May I ask your Honor.- to say what is the course-you--intend His! Honor : I am / not giving judgment, Mr.: Joynt.. I anv merely, saying what my view is at present as to the courses open to me. I may •toTmor-rbw morning take an entirely different view. As at present' advised, I may either order the accused to be tried by a jury taken from this panel or by a jury which I shall order to be em- ! panelled \ either for tho .trial to proceed at onoe or on some future day. (His Honor then read the case of Salisbury and others, a trial for murder, held in the first year of the reign of William and Mary, and; quoted other cases from. Plowden, Blackstone, arid Foster.) I now adjourn the Court till, to-morrow morning at 10. o'clock, : . January 10. On opening the Supreme Court this morning, after some;, discussion between the judge and Mr. Joyrit,- his Honor said he had overlooked the fact that another jury had .been;; summoned-for Monday which' was competent to try these riot oases. The Court would therefore be adjourned until Monday, and on that Later. The Canterbury innings closed for 190. Otago has two wickets down for two runs.

morning they would be asked whether they choose to challenge jointly or separately. If decided to challenge jointly, the case would be proceeded with against the whole of the prisoners ; if not, the Crown had a right to ask f6r a trial for each prisoner separately.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/OAM18800110.2.12

Bibliographic details

Oamaru Mail, Volume IV, Issue 1165, 10 January 1880, Page 2

Word Count
532

TRIAL OF THE RIOTERS IN CHRISTCHURCH. Oamaru Mail, Volume IV, Issue 1165, 10 January 1880, Page 2

TRIAL OF THE RIOTERS IN CHRISTCHURCH. Oamaru Mail, Volume IV, Issue 1165, 10 January 1880, Page 2

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