THE LATE TRIAL FOR DAMAGES,

Colonist, Volume XII, Issue 1169, 8 December 1868, Page 3

THE LATE TRIAL FOR DAMAGES,

To the Editor of The Colonist.

Sir,—l do not know what you think of the constitution of Special Juries; but in the one which tried the case of Apted v. Kynnersley, there was one particular circumstance that showed tho absurdity of the method of selection, whatever that is. That wa3 the presence of his Honor the Superintendent in that Special Jury. It could hardly fail to be perfectly well known to the Sheriff in striking the jury that the Superintendent wrote a flaming laudatory letter to Mr. Kynncr3ley. In that letter His H mor, "on behalf of the Provincial Government and the people of Nelson," expresses his acknowledgment of the " highly satisfactory and successful manner in which Mr. Kynnoraley discharge:! the duties entrusted to him throughout tho term of his office." If tho Sheriff, Sir, did lut know that this letter was written, Mr. Curtis himself did ; and, therefore, though he was empannelled he might have had the gra-30 to decline sitting on the jury. Mr. Curtis knew as well a3 any man that Mr. Kynncrsloy's duty was to preserve tho peace, protect the law. and bean example to others. The " highly successful manner" in which he discharged what was not his duty, in breaking the ppace, setting the law nt defiance, anl showing a very alarming magisterial example,—behold, is it not, written in tho chronicles of tho Supreme Court ? All this was known to Mr. Curtis when he wrote this grand certificate. He praised him for a satisfactory performance of the duties of his office, and afterwards sat to try him for committing an assault during the period he held that office ! Sir, I shall siy no more, except that the mistake arising from such a remarkable combination of contradictions is as startling as it is new, and I hope will never be repeated in the "annals of Court practice. I am, &c, Q.L'ESTOR. Nelson, 3rd December, 1868.