HAVES v. THE AUSTRALASIAN.

Otago Daily Times, Issue 10037, 1 May 1894, Page 3

HAVES v. THE AUSTRALASIAN.

This interesting and in many respects entertaimpg libel case came to a very unsatisfactory termination. The jury (a jurjTof six) failed to agree after being locked np all night, and were discharged. This leaves it open to the iockev to go on with a new trial, but it is very unlikely that he will do so, for the jury were four to two against him, the Chief Justice waa against him, and public opinion was against him. The most that he could expect, therefore, would be another disagreement. No six men in the community could possibly agree upon a verdict in his favour.

The Chief Justice exhorted tho jury ta do their best to agree before locking them up for the night, but tte foreman declared it was hopeleß?, and he put the most unusual and ingenious request to Sir John Madden, « Perhaps your Honor could come into the jury room with us for a few minutes." His Hun r firmly declined to adopt such an unprecedented course. When the jury came in the following morning the foreman handed the following statement to his Honor.

.V™' Honor,—The jurymen very much regret that they are unable to agree to a verdict. They have looked at the evidence from every point of view, and have gone over it time after time, have had copies of the daily paper containing tho evidence which has been given from day to day, and are still unable to agree. I can assure your Honor that no one deplores the fact mure than wo do. Wo recognise the serious loss of time to this honourable court and the great expense to the country which, has occurred without a more definite result being obtained; but, of course? it is impossible to allow these considerations to interfere with our honest opinions,

The fact that in this expensive case, as in the Speight v. Syme case, the resnlt should be so unsatisfactory is much commented upon. The jury system is a failure, it is eaid. Let three judges sit in f uch cases, or even take the verdict of a single judge. But the press, though in this case the jury were unkind and the judge favourable, are inclined to trust rather to a jury than a judge. Juries usually let their favour lein towards the press, while judges are too3ptto condemn them on some technical point. It may be interesting to know that in his summing up Sir John Madden explained the law to allow the press a wide latitude. His dictum was that given the existence Of an honest opinion on the part of the press, even though they based their opinion on J erroneous grounds, they were to be allowed to publish full and strong criticism. He said: "You have to consider whether the comment made in the article is fair and honest comment. If it arose through malice it is not permissible and the law does not allow it; but if the opinion is honest it does not matter how vigorous and scathing the expressions may be in which that opinion 13 couched, and the defendants are entitled to a verdict. . . . You will proceed to consider upon the principles which I have laid down whether the instances which have been mentioned occurred. If you dud that they did occur, and that the defendants honestly commented upon them, even if they were mistaken as to the intention of Hayes; then you will still fiad a verdict for the defendants."

COLLISION AT BEA.

The steamer Konoowarta ou her last trip from Sydney to Melbourne came into collision with the sailing ship Titauia off Green Cape. No lives were lost, though it was at first believed that two of the steamer's hands were drowned, but it has since transpired that they jumped on board the Titanii at the moment of the collision and were carried on to Sydney, for which port the ship was bound. As usual there is a complete want of unanimity in the stories told by those on board each vessel as to the cause of the collision, and it will be for a court of inquiry to say where the the blame lay. But a further extraordinary fact is that the stories go on to differ just as surprisingly about wbat took place afterwards. The Konoowarra people declare that the Titania stood on her course, and sson became invisiblo in the darkness. What really. occurred was that the collision knocked one of the Titania's catsheads oil, and her starboard anchor went down, taking with it 100 fathoms of cable, and bringing the ship up exactly in the spot where the accident occurred. There she remained for many hours, until the steamer Glaucus came along and took her in tow for Sydney. The ship was leaking considerably, and the crew were kept so hard at work at the pumps all night and were so exhausted with their exertions that they were unable to haul in the anchor, which had to be slipped.