Brandon v Shaw.

Manawatu Times, Volume X, Issue 1161, 29 January 1884, Page 3

Brandon v Shaw.

Per Press Association. "Wellington, Jan. 28. A reference was made at the Supreme Court to-day to the civil suit of Brandon t. Sbaw, which had "been held over m the hope that it -would be settled out of Court. Mr Chapman mentioned that the parties ■were exceedingly anxions to settle the matter, but unfortunately had not been able to do so, consequently it ■was necessary that the case should now proceed" to trial. Mr Justice Richmond remarked that from what he knew of the case he did not think he should try it without a jury if he could help it. He was altogether against doing so. and if lie had the power to declare, as he rather : thought he had, he should order a trial by jury. It was, he said, opposed to his goodwill that cases of libel, slander, malicious prosecution, breach of promise of marriage, should be tried without a jury, not that it was agreed that a jury was the best means of ascertaining the truth. No one was disposed to think that, but it was the best means of giving confidence to the people, m regard to the administration of justice, while it also preserved the Bench from a load oi odium, which it would be utterly unable to bear m a free country. The verdicts of juries were soon forgotten, but the decisions of Judges remained and were remembered for years. After looking over the rules his Honor said that he thought that,this being a case which would necessarily afiect personal character profoundly, he had the power to order it to be tried before a jury, but he would inquire farther, and the matter could be mentioned to him again to-mor-xow. This day. In the Supreme Court today, Mr Chapman, solicitor fat plaintiffs, again mentioned tlie case of Brandon and Brandon v. Shaw, applying to have a date fixed for trial. Mr Gully for defendant insisted on the case being tried before a jury, and the trial was therefore postponed until after the close of the long vacation.