AN IMPORTANT POINT.

Otago Daily Times, Issue 12604, 6 March 1903, Page 5

AN IMPORTANT POINT.

THE GRAND JURY SYSTEM. ffEB United Press Association.) INVEROAEGILL, March's. When the Supremo Court opened to-day the Crown Prosecutor moved for an order quashing the indictment against Dr Ful'.arton, oharged with illegally using an instrument, on the ground that the finding of a true bill by tho grand jury was irregular. He said that it was necessary in finding a true bill that 12 jurors at least should concur, but in tho present ease it appeared that out of 19 jurora 10 were for finding a true hill'and nine against.- An affidavit to that effect had been made by Detective M'llvenoy, who was present. Tho jury had committed an error in bringing in a bill, and it was a question in what way the matter should be brought before the court. There wore no English cases bearing on tho point. Mr Solomon, for accused, said that his presence was not an admission that evidence was receivable regarding tho bill. Justice Williams thought the proper course was to go on with the trial, and in reply to the Crown Prosecutor said he did not think the Crown's ease would be prejudiced if he reserved the point for the Court of Appeal. It was a very important and grave point, and should be decided by the highest tribunal in the colony. Finally it was decided that the trial should go on, and in the event of a conviction the 5 question could be reserved for the Appeal Court. Counsel for accused was in favour of this course rather than hangincr the matter up for four months. Justice Williams said the matter was most important, and the decision of the highest court was desirable. This conldi not be got if he gave a ruling then and there.