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Otago Daily Times, Issue 19251, 15 August 1924, Page 4

JURY VERDICTS

More conservative than the Legislative Council, the House of Representatives has rejected a Bill which pro posed to do away with the need under the present law that a unanimous verdict of a jury upon any criminal charge shall be secured in order that a conviction may be recorded and to substitute for it a provision that, except in the case of charges of capital offences, the verdict of a five-sixths majority should be accepted. The Bill proposed that in cases in which the death penalty might follow a conviction a unanimous verdict on the part of a jury, should still bo required. The opposition to the measure in the House of Representa fives seems to have been based to some extent on the untenable ground that the Bill involved an attack on the jury system. The merits of the question in issue were more or less ignored under the cover of this appeal to a spirit of conservatism. Clearly, the test that should bo applied to any proposal to amend the procedure in the criminal courts is whether the adoption of it would serve the interests of justice. If there are miscarriages of justice under the existing system, docs not that provide an argument of at least some weight in favour of the abandonment of the need for a unanimous verdict? Mr Wilford says he has never known an innocent man to be convicted in this dominion. That being the case, it is obvious that innocent persons would not be prejudiced by the acceptance of the principle of a five-sixths majority verdict. But it would be idl» to contend that there have not been flagrant cases of miscarriage of justice through disagreement on the part of juries. It is not necessary to suppose that jurors in these cases have been bribed, though there may have been cause to suspect in some instances that corruption has been practised. It is possible that the disagreement may have been due to ignorance on the part of one or two members of the jury, or that it may have been due to the existence of a peculiar kink or prejudice in the mind of a juryman. When the difficulty of securing absolute unanimity among twelve men on any one point is considered it must be regarded, ns remarkable that a unanimous verdict is obtained as frequently as it is. But the need for unanimity involves the country in expense through the multiplication of trials and it would he absurd to suggest that in itself it constitutes a bulwark of justice. The fact is that the interests of justice have frequently been defeated through 1I:e requirement of unanimity on the part of a jury in all criminal cases.

The tender submitted to the City Council by the Nouchatol Asphalte Company for the supply and delivery of 350 tons of Trinidad Natural Lake Asphalt at, the price of £ll per ton gross weight for the asphalt, and £ls 9s 6d not weight for the flux delivered, all charges paid at the corporation yard, has been ae^mted.

The report of yesterday’s mooting of the Otago Land Board has been held over on account of pressure ou our space.

The Dunedin City Corporation Empowering Bill has been reported from the Local Bills Committee with amendments (reports onr Parliamentary correspondent). The danse empowering the corporation to raise the height of the Waipori dam limits the height to 60ft above the bed of the river. The clause regarding hydraulic sluicing and dredging for gold is to be made applicable (o an unexpired lease between the Corporation and Thomas Johnston. The Bill has also been considered by the Lands Committee, which recommends that clause 6 regarding the prohibition of hydraulic sluicing and dredging after five years shall become an operative one a year from the passing of the Act. 'l'ho Bill has now been referred to the Goldfields and Mines Committee which will take the evidence of interested parties.

In reference to a question put on the Order Paper by Mr J. Bitc-honer (Wa.ita.ki) about better carriages being used on the Otago Central railway, the Minister of Railways yesterday (reports our Wellington correspondent) said it is recognised that the length of the journey warrants these carriages being made as comfortable as possible, and the question of improving the seating accommodation in the first-class carriages in the direction of providing the standard high-back seats is now being gone into.

'When some serious effort is made to alleviate the acute shortage of houses that exists at present no one will be more pleased than the social workers in the city, who are frequently put to considerable trouble in their efforts to find places of abode for homeless persons. In the course of a conversation with a reporter yesterday Ensign Coombs, of the Salvation Army, referred to the unfortunate experience which a family met with recently. A man who had been living in the country secured work in town, and when, after considerable searching, he secured the tenancy of a cottage, he sent for his wife and children. The family were astounded to find, however, that the cottage was already occupied when they reached it, and that their furniture was piled up in the street. Evidently through some misundorstandinig the house had been let to two people. The woman and her children then proceeded to the south end of the town in the hope of securing two rooms, but the presence of the juveniles led to a prompt refusal by the owner to let the rooms? The unfortunate people then wont into lodgings, but as. their financial resources were slender they were soon in difficulties, and an appeal was made to the police, who referred the matter to the Salvation Army. Fortunately at that time a pen-son who had two spare rooms called on Ensign Coombs, who was thus able to relieve the anxiety of the homeless people. Ensign Coombs also mentioned that she was then on her -way to call on a woman, who had received notice to vacate the house in which she was living.

Mr Charles Hackett, the noted tenor, related some amusing anecdotes concerning his career at the Rotary luncheon given in hfa honour yesterday. “When I was quite a youngster,” lie said, “I was engaged to make my second appearance at Venice with a little soprano, who was the daughter of a famous soprano of that time. Her mother had filled her with old prima donna ideas, and on this particular occasion I had tmake love to her and sing ‘ sweet nothings ’ into her ear. Unfortunately the wilful little lady insisted on facing the audietnoe and when the time oamo for her to lean her head on my chest she refused to do sc Mother had told her never to turn ' back on the audience. There was only one thing to do, therefore, and I did it. I turned her round by force and hold her in position, while die ‘blackguarded’ mo most horribly during the time 1 was making love to her. She did it every night after that, too.”

The City Fathers have tried by divers means to instil into the minds of the public the fact that there is in operation a bylaw which requests pedestrians to "keep to the left.” Signs bearing those words have been attached to telegraph posts, broad white linos have been painted down the centre of the footpaths, and policemen have assisted with words of advice. On the whole these experiments have proved fairly satisfactory, but there are those who persist in breaking by-laws because they are by-laws, and now the City Fathers have come to the conclusion that something substantial is required to imprese the erring public. In this respect two iron stands surmounted by rod discs bearing the well-known words “Keep to the Left” have been placed in the centre of the footpath in Princes street at the Octagon, and as these stands ore some five feet off the ground there should be no mistaking their .purport An unusual accident occurred on one of Ihe Roslyn cable oars yesterday afternoon, fortunately resulting in nothing more than a slight shock to two women passengers. The car was standing at Rattray street, and the conductor, while attending to the carriers at the roar of the car, somehow f< against the central pane of glass and smashed it The glass fall into the car, but did not strike the passengers, although thinking discretion the better part of valour the women moved to the opposite scats. The entries for the Dunedin Competitions are evidently steadily on the increase. In 1922 the total entries in the various sections were 1595, and in 1923 they wore 1701. For the forthcoming festival the total is 1795—an increase of 94 compared wit the previous year. Last year the details were as follow Elocution 59 1, instrumental music 262, vocal music 545, fife and- drum bands 40, national dancing 227, and fancy dancing 236. For this year the detailed entries are;—Elocution 410, instrumental music 250, vocal music 640, fife and drum bands 60, national dancing 190, and fancy dancing 230. To these have to be added 15 entries in the literary section.

“An actor very often encounters innumerable difficulties just before ho reaches the stage to take his part,’’ said Mr Charles Hackett at the Rotary luncheon yesterday. “On one occasion 1 had to sing with three other tenors, and on© of them thought he could do my job better than I could. He asked the manager for my part, but the manager saw no reason to make the cKangvi and his request was refused. The man p

his own back, however, for when my turn came to go on I endeavoured to pick up a long black cloak which 1 was to wear.

couldn't as it was nailed to the floor. Another time I had to climb a- rickety staircase at the back of the stage, open some windows, and step through on to a balcony to sing. This act also was spoilt, as tlie windows were nailed down.”

At an enthusiastic meeting of ratepayers and householders held in the Roslyn Theatre last night, it was unanimously decided to form a Ratepayers’ Association for the Roslyn district, the object of the association being to look after the general interest of the ratepayers and householders, and to place before the City Council suggestions for improvements in regard to roads, footpaths, and other matters pertaining to the welfare of the district. A full report of the meeting will be published in to-morrow’s issue. There was a “clean sheet” in the City Police Court yesterday morning. The Pacific Starrtßowkett Building Society invite applications in (he now (No. 5) group. £IOOO free ballots and sales, office, S 6 King Edward street.—Advt. Barth Electrical Supplies (Limited), 61 Princes street, Dunedin.—Handiest shop in town for all electrical supplies. Jobbing and contracting promptly executed. Come and see electric cooking demonstrations.— Advt A. E. J. Blakeley, dentist. Bank of Australasia, corner of Bond and Rattray streets (next Telegraph Office). Telephone 1859. Advt. Save your eyes.—Consult Peter G. Dick, D.8.0.A., F.L.0., London, consulting and oculists’ optician.—“ Peter Dick,” jewellers and opticians, Moray place, Dunedin.— Advt.