THE UNWRITTEN LAW.

Sun (Christchurch), Volume VI, Issue 1786, 4 November 1919, Page 11

THE UNWRITTEN LAW.

NOT TO BE CONSIDERED. THE DUTY OF A JURY. The "unwritten law," which juries sometimes have followed in preference to Statute law, was referred to by his Honour Mr Justice Herdman in the course of a sum-ming-up at the Criminal Sessions of the Supreme Court this morning. The case before the Court was that of Robert Knox Elliott, who charged with, having discharged a revolver at his brother-in-law, Peter Mathias Peters, with intent to do him bodily harm, and also with having assaulted Peters. It was stated that Elliott attacked Peters because he (Peters) was knocking his wife about. His Honour said that no doubt all the jurvmen had a great contempt for a man who behaved like a cowardly bullv, as Peters had evidently done, and'no doubt they had great sympathy with accused. However, these circumstances had nothing to do with the case, and must not be considered bv the jury. The jury must come to its decision in the light of the plain, cold facts of the case. His Honour also pointed out that it was not necessary for a person to attack another before an assault, in the eves of the law, was committed. A threatening action, such as the drawing of a revolver, as accused had admittedly done in this case, constituted an assault. A man was not justified in drawing a loaded revolver, even if he were attacked bv another. "The jurv, however, returned a verdict of not guilty on both charges. _^___________