414
a
have
than
VI VOND
CVCI
known the
whole jury to consist of foreigners, Portuguese,
Germans and so forth. In ordinary unimportant trials such juries generally contrive to catch the meaning of the Judge and to be guided by him, and little practical harm results — they being guided by Judge and Jury only.
But now and
again,
in
cases
arise here or elsewhere, when it
is absolutely
absolutely essential to the ends of Justice that the Crown or the Prisoner should have the privilege of resort to a more intelligent and independent tribunal, and
this can only be secured here by an enactment similar to the Ordinance under discussion.
To keep up at the present day,
and especially at this distance from home,
the artificial and arbitrary distinction between misdemeanours
and felonies has always seemed
to me
an excess of pedantry in
any case; but to enforce it, done by Section XVII of Ordinance No 18 of 1864, to the exclusion of Special Juries
in the trial of
felonies seems to me
indeed absurd,
It is in cases
of life and
death that Special Juries
are in
414
a
hove
than
VIVOND
CVCI
known the
whole jury to consist of foreigners Pantoguese,
Germans and so forth. In ordinary unimportant trials suck furies generally contrive to catch the meaning of the Judge and to be guided by him, and little pructionl harm results _ they biols by Judge and Jury only
But now and
again',
in
Pases
arise here or elsew here, when it
is aboclutitig
boolutely essential to the ends of Justice that the brown or the Prisoner should have the privilege of resent to a more intelligent and independent tribunal, and
this can on
only be secured here by an enactment similar to the Ordinance under disenssion
To keep up at the present day
and especially at this distance & from home the artificial and, art
rate hire, absolutely meaningles
any distinction between misdemeanours
and felonies has always seemed
to
me etwv
excess of pedantry in
asis
avval
any case ; but to enforce it; done by Section XVII of Ordin No 18 of 1864 to the exclusion of Special Juries
in the trial of
me
felonies seems to Indeed it is in cases
absurd,
of life and
death that Special Juries
are in
No comments yet.
Private notes are available after approval.