"TOSSING FOR A VERDICT."

Poverty Bay Herald, Volume VI, Issue 913, 6 October 1879, Page 2

"TOSSING FOR A VERDICT."

Lately (says the Home correspondent of the Auckland Star), a youth named Gerald Man waring was condemned to death for shooting a policeman whilst drunk. The circumstances attracted a good deal of attention, as Manwaring is the son of a magistrate, and was respectably brought up. He was apprehended with a prostitute fordrunkennesß and furious driving. When at the station the woman became riotous and refused to be searched. • Manwaring backed her up, and on the police proceeding to do their duty, pulled out a revolver and fired several shots, wounding one officer and killing another. In due course the lad whs tried and condemned to death* The day for the execution was fixed and Manwaring would doubtless have expiated his crime on the scaffold but that it accidently leaked out that the jury who tried the case had disagreed — beingsix for murder and six for manslaughter. To settle the matter they tossed — heads murder — tails manslaughter. The coin came down heads, and with much complacency these twelve good men returned to Court and found the prisoner guilty of murder. At|first no one believed the story, but nevertheless it proved to be pretty nearly true. Eventually, Mr. Callan asked the Home Secretary to enquire into the circumstances, and on Monday evening the right hon. gentle* man vouchsafed the following explanation : — Mr. Gross, m supplement to an answer given to Mr. Callan, said he had received the following letter from the. foreman of the jury, who convicted * Gerald Manwaring of wilful murder at Derby: — "Sir,— ln reply to your inquiry respecting the mode m which the jury m the case of Gerald Manwaring came to their decision I have to say that after the jury had retired to discuss the case it was asscertained that they were equally divided as to the verdict, six being for manslaughter and six being for wilful murder, with a strong recommendation to mercy. We had not then selected a chairman, and I, as foreman, declined to act as such ; bo we agreed to ballot for one, and that the vote of the majority should rule the verdict, the chairman, m case of equal numbers, to have the casting vote. There was no tossing nor casting lots over the verdict. The only ballot was for the election of the chairman ; and I, and others of the jury, wish this to be made public to the fullest extent, so as to contradict the untrue reports that have been circulated." "I am bound to Bay," added Mr. Cross, " that I cannot come to the same conclusion as the foreman seems to have done with so much complacency. If there were six on one side and six on' the other, and then they agreed to draw lots for the person who was to give the casting vote, that seems to me to be very like tossing up for a verdict. (Hear, hear.)" Mr. Callan asked whether, after this statement, the Home Secretary intended to allow Manwaring's sentence to be carried into effect. ■" Mr. Cross : I should have fchoujjifc that question absolutely unnecessary after the answer I have given. Manwaring's sen.enoe seems to have since been oommuted to penal servitude for life. The daily papers unanimously demand that the jury should be indicted for a conspiracy to defeat the ends of . justice.

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