AN IMPORTANT POINT.

Otago Witness, Issue 2556, 11 March 1903, Page 29

AN IMPORTANT POINT.

THE GRAND JURY SYSTEM. INVERCARGIL&, March 5.

When the Supreme Court opened to-day the Crown Prosecutor moved for an order quashing the indictment against Dr Fullarton, charged with illegally using an instrument, on the ground that the' finding of a true bill by the grand jury was irregular. He said that it was necessary in finding & true bill that 12 jurors at least should concur, but in the present case it appeared that out of 19 jurors 10 were for finding a true bill and nine against. An affidavit to that effect had been made by Detective M'llveney, who was present. The 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 were no English eases bearing on the point.

Mr Solomon, for accused, said that his presence was not an admission that evidence was receivable regarding the billJustice 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 case would be prejudiced if ha roserved 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 question could be reserved for the Appeal Court. Counsel for accused was 'in favour of this course rather than hanging the matter up for four months. Justice Williams said the matter was most important, and the decision of the highest court was desirable. This couldi not be got if he gave a ruling then and there. (From Otjb Own Cokbespon'dent.) INVEROARGILL, March ♦. A singular state of affairs has arisen in connection with the case of Dr Fullarton, charged with illegal practice. The foreman of the Grand Jury endorsed the bill in this case a true bill yesterday morning. To constitute the bill a true bill 12 grand jurymen must vote for it It having become known to the Crown solicitor, Mr T. M. Mac Donald, that only 10 votes, including the foreman's casting vote, were cast for a true bill, he this morning filed a notice of motion to quash the indiotxneot on the .ground that . in the face of this knowledge it would not be . proper for the Crown to go on. If the* motion is acceded to the position will be the» same as if the bill had been thrown out. It is onite within the power of the Crown to institute, fresh proceedings, but so far no intimation has been given that it is proposed to do so. The matter will be thrashed out in court t«-morrow.