TRIAL OF CAPTAIN JARVEY FOR POISONING HIS WIFE. SUPREME COURT-CRIMINAL SITTING

Otago Daily Times, Issue 1018, 24 March 1865, Page 4

TRIAL OF CAPTAIN JARVEY FOR POISONING HIS WIFE. SUPREME COURT-CRIMINAL SITTING

Thursday. Mahcii 23nd.' (Beforo 111b Honor, Mr Justice Chapman ) A score or two of men mniiuoi in Oourt during the whole of Wednesday night, in expectation thnt the Juty would return and eive their verJlet. In ,ww not until two o'olook In the morning that a marked thinning of the oton-tl in and fiboat tlio Court took place and. even up to six o'clock there was present double lh) nurahsof t.ioiw who were w» morbidly curious and cr.iving forwnaatiou a« to remain chattin;? or sleeplug in the Ctiurt House. By nine o'clock, the Coart wa« s^tin well filled; isnd at ten, the Judge took bin »«it and directed that the Jury should bo called la. The .Registrar naked—Have you agreed upon your verdict. The Foreman :We have not. The Jtt'fge: Tiicn I musl »*nd you back fo your room, gentlemen j but ' W'M onler tbat you be auppiteti with moderate refreshment, and vMh water to enable yon to wa«b. The Foreman : Some oi the jury, your Honor, wi*h to have an explanation of whit la "a rcr -onable doubt." The Judge stl! hi thought he lw.l abnniJa- t'y explained in hi« summing up; bat iita Honor 10- , pcnt^ii bin explatmuon. The jary "retired, and were supplied with brenkfaw. About a quarter after two o'clock, there wbb a request that tlis Jn«)gu should be fetched, and hh Hom>r came into Oourt at a quarter before tlnee o'clock. The priwnair w»n l« tbe ritting of the Court in tbc forenoon) paced ii*. the cook. The Deputy Registrar: Have you agreed upou yonr verdict, pctitieir.cn ? I The Foreman: We have cot. There In a question on tbe paper which I have handed up to your Honor, to which we winh an answer. The Juflgo (after reiullne: the papar): Tlmt is a matter for your dtacret'ois, jrentlcncn. The evidence of (in un contradicted witness H .t'eaera!!y taken by t'ejury an (rood, unless t^prs are Rome ciicamstatiMs "v\ h<r ccnicc* or behaviour that induces them to doubt and r<|«t it. The reception of evidence, is not for the Cburt, nor for tlio lax'ruftion of the Con*+, at nil. It is entirely within the discretion of the juryIt I* for the Judge to say whether any particular pKCi of evidence i» reeetveanle in Court or otherwise; but when once the Oourt his desit'eti that evideacfl. oral or nioca-nentary, cm be roceWed Mvl submitiel to the jury, then its effect, wh^'hnr the jury will believe it, to whal extent they will believe I', and •what weight they will Rive to any na-ts of ir.—all ibhii i* entirely in the discretion of the jury. A Juror {.Mrßclilesinffer):—Your UojiorTh"1 Jmlpe . You must speak jhroutrh yoar Foreman : be a'ways speaks for you. Have yoa anything; mo c in sit Mr Ftce'nan f The Foreman : Not th*t I aii aware of, your Honor. Mr folileainger,havinß written something, it was banned In tb» Foreman, who sent, it to the Jikljto. remarkiajt—lt ia a question I have been requested ri» have handed to jour (finer, hut I am Afraid your anawer to tho previous question etn braces it. The Judge: Theai«wpr to l'iis is the Bans* that I h-< ye already given you The whole of the evidence i* within your ilisoretion. If you reject nne witness, it. is jour duty to see whether tlwe is enoueh to convi"t upon in the evidence oi' tho rest; if you rejstct t<?o *itaes3ss, you mmt siill s<)t" if there i- enough to convict npon In tIJ" re t, ff you do no' think ther> ia euousrh. you muat acquit tb« prisoner. But tHmt i* dimply tbe sener.'U rol« :if yon don't tbink there in enough dviknee, on the whole, offerei 'oyou, yon must acquit the priioner. As to the*nmcieacy oflbe fjuantity of th« evidence—^the f-fF-»ct in your mind* of th* Btivnath of that cviden*^—the cbani-.tftr ni tbe witaewfß, and their demeanor—all thst is within your discretion. Tbe Fi3?eman : Ido not think, ynr Hono?, that there in any probability wbittever of oar ajrrecine. . Th^Jultre: That is not a tufficiflnt jrMi»ml i r0r dl«cbi»rain{t you, at present, it would be very inexpedient, obviously, to permit sijary to fup|Kwe for one moment that because they <£omo into €ourt and cay. *' we cannot atjrc*. and ni»3 not likel'f to agref, 1" therefore they ere entitled Ho be discharged. If that were the rule. Juno wonld constantly evade the nnp'eas»ntn*B>—for tt aSwavii mu«t ba «nplea»wit, la ro. important iza&%-~oi coming to a decision; and.when they felt tired of remaining in the certainly «np!efisint portion Jn whirh the law piacca tliatn—when <h«jy ware tired through fatigue of *io'ir and mind, and wanted to get horn*— they would only have to coma and «ay. "We cannot agree, and »we not !iik»ly to do ao," to ba relieved. Butt it is ;aot no. i The' di chares of & jury ia eftrUfely ! •mitMn the dweetionof a Court,; bwt th*V din-. cre'lfn Is controUed by cJ"ain prindple'r by whloh I am bnnnd to W sttiiAeS. I do not boo •that the: ncce"«l*y hss yet ari«#n Inymnaitui. fecasioa^have been in which jane* m Kiwi have been kept for tnaoy, many ilays. fno old rtt'iß was, when psrbaps iprocacdiinE* were aStup'er fenan now—loag mfitu tbo days of chemical analysis, «t «ul e'/cat! —and when trial* were jboTter*, janes were ■kept wltSboat neat .or drbk. Of itoarae, where tbev we*ekeptsewral day*, itne«tcetild aethe Sndeationi of the l»w to warve them or to imacrfl their health, and therefofcJonj? ago, more Oteo a century, the rale wna modiiftl,-at* taut jeuge* . hfive the discretion of ordering theni; meat, airf drink. Wbea a ootuUMe Is swjro ta keep a

jarjr, he is sworato ke*p tbom " without matt, drink, as- fire, autd)e-H«bt exeepterf, a ales* withi tba letve of tbe Court; and to suffer no man to •peak to thtw, units* to ask whether they fane agreed en tb<-ir verdict" Tfes Court has discretion in the matter, am* ! bave already exercised it l>y ordering yea mfirenhnutate; bot I cannot, at present, consistently wjth my doty, so far extend that discretion as to discharge 5011. Be<iau«a, although it U a discretion, it ta not to be. a_ mere caprice o* the Gmrt: It Is a <-«galatedf ciisoreiion, *o to *peak—a legal discretion, in the exeroias of which I am bosoul by certain principles aad considerations laiol down by Judges learned in the law. I, therefore, cannot dNctmrne you at present. I, aa a private individual, may feel for the un|>!ia>i\ntnes's of your poition; but as a Jodp© I cauuot permit tho** fteliiigs to enter into tbe performance of my duty. YOl mußt retire to yoo.r toain. pent'euien. 1 will order retraskments for you again. The Foreman: The afee of the room in which wo h jvc beer, yaar Honor, is such, that ciufineineut in (t is becoming almoit intolerable. The air has become tiitnte:), and the pla» Is really unfit to remain in, The Judj-o lam toM by the Sheriff that there is another room Ofwnlnj? into the one i<i wfateh yoo have bsen ; aud that, by keeping tho outer do <:rs locktd and guarded, we cm pve yoa tfio additional mass of air furnished by that second room. lain sorry to say ttut thi3 building is exceedingly inooareuieut ft>r all oar purples We have ttrpeil on tho Provicoini Government to give lie better accommodation, out we have done so in vain. Wo bave hero what I never know.in any ot»s<w Colony in the world -two ju igem, wifh only one room for them; no retiring room for the officer; no ant^-nom, for prschtiouersattending. •So that the Judges' room is ihqacutly crowd oil nlrao^t to Bugjcatinn. Tlio Foreman : It in a matter of health to tbe jury, yoor Honor. Th«Ju'i«re: lam very sorry for you, centlemem, but I cinootxtretah the walls of the baQdin«i I hope you will understand that, in n»y private cauacitv, I feel for yon rorv sincerely, fhd Sheriff wll! improve your Bccoinraodstioa as much aa ho can, consHientiy with keeping you away from contact with the public, by opening the door of theaddltioaat room, so that you wiS get an additional raasa of air. the outer doom bficg, of course, kept clo^d. Yon must retire to youi" room, and I will order refreshments. T ; lie jury then retired. -* t ten o'clock, Ew Honor again oamo into Court; the jary were summoned, sad tins prisoner was placed in tbe dock. Tibn Deputy Registrar: Havoycu agreed upon yoar verdict, ci'ntiftnea 1 Tlio Foreman : We have not. 7heJudi»c: *r«you nearer to an agreement thsni you were before? The Foreman: We hare Kiven up all hopes of it, yoar Honor. TJie Juoge : I nm extre"fly aorey, ; but m pre«ent I do not fsrl inyKclf juaUtioi in dltioliargioK you. You must retire to your room and endeavour to agree. If you are agreed at noy time. I shall ha remly to attend within halt an hour on beinjj (turntuoned. 'f lie jury retired to their room.