TRIAL BY JURY.

Otago Witness, Issue 929, 18 September 1869, Page 9

TRIAL BY JURY.

To tlie Editor of the Otago Witness.

Sib — For some years past we have been occasionally serving as jurymen, and each time we have so served have been more and more impressed with the absurdity and inconsistency of the law with regard to juries. That trial by jury is the boast of British subjeots and the bulwark of British freedom, ■we admit ; but, under the English Constitution, the beat features of the system are sad^y marred by an overdose of legal caution. Ist. An unanimous verdiot must be recorded, a thing which in the whole of our experience has never occurred, except in the moat trivial oases. 2nd. The jury are to be deprived of meat, drink, and the necessary comforts of life, till the weaker, and perhaps the most intelligent of their number are compelled by exhaustion and fatigue to give way to their stronger companions, Now, we ask, is this likely to further the ends of justice ? We say most emphatically, No ! and we su mit that, when the body is exhausted with fatigue, when the stomach is craving for food, and when the brain is fevered with excitement, that is not the time - for a man to exercise the cool and deliberate judgment without which thore is but little chance of justice. Is not this the state of most men when they leave the jury box to consider their verdict on any important caso ? Take, for instance, the case "Eegina v. Wain, Caraoron, and Francis," recently tried, and on which the writers of this letter were jurymen. The jury were etnpannelcd at 10 o'clock a.m., and at 1.30 p.m. were allowed half an hour for refreshments ; 20 minutes of this tior was occupied in procuring such refreshment from the nearest hotel ; it consisted of bread, oboeso, and glass of beer. The Court then resumed, and the trial lasted till 8 o'clock p.m, when the jury retired to decide upon their verdiot. ]J<ow, picture to yourself the condition of those men. Thoy had sat for. 10 hours in tho polluted atmoaphcro ot a ; small and crowded Court, most of them accHatomed to work in the open air. They had had neither dinner nor tea as was usual with them. Their brains were heated and excited by tho responsible position in whioh they were placed. The liberty of three men for yean was at stake, depending on theirword. Thoy retired, and could not agree; for three hours they woro locked up ana still could not ngrco, and at 11 o'clook they wore told by tho Sheriff "that if they did not agrco in fivo minutes, tho Judge would retire for tlio night, and thoy mutt remain in an empty room without food, fire, or any other rcfrcuhmont («vou smoking being prohibited), until 10 o'clook next morn* ing." And. for what purpose? gynuly to. obtain by force, that whioh reason and intolligonco declined to giva— an unanimous verdict. Well, vuat wot the consequonco ? The minority gave w»y to tho majority. Kciuton and intelligence*, from physical exhaustion, wero compelled to civo way to prejudice — juitico wan outraged— tho prisoners liberated. The foregoing is not aa ywlatcd cm« ; for wo think *11 who h»x<? sowed on. juries will bo willing to admit that on almost ovory case a diflorcnoo of opinion exuts and remains, notwithstanding that the jury have 1 givon an unanimous verdict for tho sako of aottling tbo nuttor. Now, Sir, how v it that legislators, tho judffoa, and tho log*, gontlomon who rau»t bo constantly witnooing tho™ tbirgt, havo not oadoAVouwd to proudo a romtdy? Buroly it would bo a very nitnplo matter to dam An Aot for tho better manAgomont of jnrios. If it 1« reAlly nooeMAry to dave 12 raon of one mind, thon lot 18 bcompmndod. And thon thero may bo tomo ohanoo of 12 Asrooing, in hoar* as well mm voice. If this oannot bo <lon<s lot tho old And bArbAr* out nvttem of tortnro whioh i« now practised on jurymen bo dono AWAy with y (a? wo Mk, in it to bo expoqtcd, tM a nun who i« hungry, ifcvfiiy, weAty, And •xhAiuted, c^n W^oiM ovoa tho limiUd Amount of rwMoa ana common •onto with which »omt Jurymen ato blw<f4* L«fc ft

definite time Ibe fixed when a jury, if not agreed,' can demand their,, discharge. Let reasonable accommodation and refreshment be provided, so that the body and mind may recover its fatigue and' assume its usual tone, and then, there may be far more ohance of justice, being done both to society and the prisoner, whereas now the criminal often escapes and society suffers. We fear we have trespassed too much on your space, and must, therefore, leave it for some one more experienced and better able to bring the subject before the proper authorities. — We are, &c, Arthur Hassell, Joseph Haig, Hajrvby Alijak. (Jurymen on the trial referred to.) Danedin, 7th September.