REMARKABLE LAW POINT

Gisborne Times, Volume IX, Issue 833, 6 March 1903, Page 3

REMARKABLE LAW POINT

By Telearaph—Press Association. Invercargill, last night. When the Supremo Court opened to-day the Crown Prosecutor moved for an order quashing the indictment against Dr Fullarfcon, charged with illegally using an instrument, on tho ground that the finding of a true bill by tho grand jury wa3 irregular. He said it was necessary in findfng a true bill that twelve jurors at least should concur, but in the present case it appeared that out of nineteen jurors ten woro for finding a true bill and nine against. Affidavits to that effect had been made by Detective Mcllveney, who was present. Tho jury had committed an error in bringing in a bill, and it was a question in what way the matter should be brought before tho Court. . There were j no English cases bearing on the point. Mr Solomon, for accused, said his presence was not an admission that evidence was receivable regarding the bill. Judge Williams thought the proper course was to go on with the trial, and, in reply to tho Crown Prosecutor, did not think tho Crown's ease would be prejudiced if ho reserved the point for the Court of Appeal. It was a very important and grave point, and should bo decided by tho highest tribunal in the colony. The Crown Prosecutor’s motion was postponed to the trial, when the question raised will be reserved for the Court of Appeal.