413
"indictment or information other than for felony shall be tried by a Special Jury it shall be lawful for the Court to make such orders upon the Sheriff or person as may be necessary to procure the attendance of a special Common Jury for the trial of any matter depending in such Court, so Rules for the trial of Criminal Cases by Special Juries have been framed by the Court and it has therefore (rightly or wrongly) always been held that such causes could not be tried.
By Section XXXII of Ordinance No. 13 of 1865 (An Ordinance to consolidate the Laws relating to Criminal Procedure) it is enacted that it shall be lawful for the Court to make such lawful orders upon the Sheriff or person as may be necessary to procure the attendance of a special Common Jury for the trial of any matter depending in such Court.
I have always regarded this state of things as one much to be deplored. In the mixed European Community of this Colony, it not infrequently happens that out of the Common Jury placed in the box not more than one or two understand the English language sufficiently to follow the evidence, the arguments of Counsel and the summing up of the Judge, otherwise than imperfectly.