AN AMUSING CASE.

Star (Christchurch), Issue 3361, 16 January 1879, Page 3

AN AMUSING CASE.

[By Telegraph.] [TIMES' SPECIAL WIRE.] WELLINGTON, Jan. 15. A novel affair occurred in the Supreme Court this morning. Plaintiff's solicitor, Mr Ollivier challenged a special juryman. His Honor said the name should have been struck off at the proper time, and he had no power to take notice of the objection now. Unless the other side agreed he could not give his consent. Air Ollivier said he must then resort to the challenge " For cause." As this right has only been once before exercised in the Colony, His Honor and the counsel on both sides were engaged for more than an hour in settling preliminaries and diving into law books to find the proper course of procedure. Ultimately, His Honor said Air Ollivier must in that case, state his objection to Air Capper, and the Judge could then decide the validity of the objection or order it to be tried by the jurymen already sworn, but the latter course need not be resorted to if a jury could be got without Air Capper. Mr Ollivier stated his objection, which was that Alessrs Turnbull and Co., for whom Mr Capper was manager, were largely interested in the case. About this time the whole proceedings were found to be informal, Mr Ollivier having taken his objection at the wrong time. The jury were then called and took their seats, and they were sworn separately. When it came to Mr { Capper's turn, Mr Ollivier took his objection, Jand proceeded to question Mr Capper, who fwas sworn as a witness against himself. Mr ; Ollivier said that though he objected to Mr i Capper as a juryman, he had sufficient confiI dence in him to take his evidence. About half the examination had been concluded when it was recollected that a jury had not been sworn. After some difficulty as to the form of oath to be administered, Alessrs Boardman and Warburton were sworn as the jury. Mr Capper's examination was then commenced again, but when he had got to about the same point in his evidence, it was discovered that he had been sworn on the wrong form of oath. This was made right, and once more he was examined. He admitted hit intimate connection with the firm of Turnbull and Co., and that they were largely interested in the bankrupt estate of M'Lean. Counsel then argued the point as to whether Mr Capper was disqualified, and at last the jury decided that he was interested, at the same time saying that they did not wish to cast any imputation upon Mr Capper.