MR DUNCAN IN EXPLANATION.

Star (Christchurch), Issue 3439, 19 April 1879, Page 3

MR DUNCAN IN EXPLANATION.

Last nighl, in tho Supreme Court, as goon as the jury ii-ul retired to consider their verdict, Mr Duncan rose and addressed Mr Ju?tice Johnson us follows :— I notice by tiio newspaper-' that animadversions have been made by to;;;- f-fnnor with reference to tho prosecution of Schwartz. I wish to state th.it I was not in anyway connected with that sil all. His Honor : Mr Gurrick is not here. I think, Mr Duncan, that if you conm here to make any statement a* tf> what took pi-ice in open Court, it is necessary to give Mr Garrick notice. Pardon me for stopping you in H •■im, because if there is any discrepancy as to fact between yourself and another learned counsel, I don't think this is the proper mode of proceeding. It is more a matter for the Society to deal with. Mr Duncan : I may be allowed to say that I was not connected with the indictment of Schwartz ab all. His Honor : There is another thing which has not I think perhaps been brought to your notice. Mr Duncan : I know nothing about that your Honor. His Honor : I am informed that a communication which reached me was received from a person who is in your employment. Mr Duncan : As a statement was made in open Court, may I not state that I never saw the indictment ? Hi 3 Honor : There can be no objection to your doing so. 1

Mr Duncan : I wish to state that I was asked by Mr Garrick to allow him the use of my principal clerk, and they both retired to the library

His Honor : I don't think anything more need be said now.

Mr Duncan : The only tiling I wish to add is that Mr Gkrrick, instead of waiting till the Grand. Jury had left the Court, asued vie to hand the indictment to them. I handed it to a policeman, who gave it to the jury. His Honor : I understand that the prosecution wa3 n:t placed in the hands of the Public Prosecutor at the Resident Mugistrate's Court ?

Mr Duncan : No, your Honor ; not in any way.

The matter then dropped