302 Timehri. 
ease is brought before a grand jury (in Ontario of thirteen.’ Seven may 
find a bill. The bill is drawn up in the form I have described. 
The trial is before a jury of twelve; they must be unanimous either 
one way or the other. If a jury cannot agree I almost always discharge 
them and call another, right there and then, and get done withit. Some 
Judges prefer rather to postpone the case to the next assize and in the 
meantime commit the man to jail or let him out on bail. If a mistake is 
made at the trial, or a lawyer thinks a mistake is made in the trial— 
these are not quite synonymous expressions, you know—if it is supposed 
(that is better)—laughter—that a mistake has been made during the trial on 
questions of law, the lawyer may ask the Judge to reserve the case for the 
Court of Appeal upon that question of law, or the Judge may do it upon 
his own motion without being requested todo so. The Judge may refuse ; 
that refusal is subject to appeal. If he has granted the case, that goes to 
the Court of Appeal, and the Court of Appeal of tive Judges determines 
that question of law and whether the Judge was right. In most cases I 
am glad to say it has been found he was right, and so the appeal goes by 
the board. There is a provision in our Code which has never so far as I 
know been called upon; and that is this: In ease the conviction be 
affirmed by the Court of Appeal by a divided Court there is an appeal to the 
Supreme Court of Canada. That has never yet so far as I know been called 
into practice ; our Court of Appeal has always been unanimous. 
This is the simple, every-day practice which has been found very 
advantageous and beneficial. I have never in all my thirty years’ ex- 
perience at the Ontario Bar and on the Bench taken more than thirty 
minutes to find a jury, even in a murder case. I have never yet—and I 
have defended lots of them and I have hanged quite a number; I do not 
mean that I did it with my own hands—I trust that I should not hesitate 
to do it if it were my duty ; greater men that I have been charged with 
having exercised that function—none of ‘the men that I defended got 
hanged I am thankful to say, though there are two or three in Kingston 
penitentiary to welcome me when I chance to go there—(laughter)—I 
have never yet in all my experience (except in one case) seen it take as 
much as four days to try a murder case. In murder cases before me | 
have never been more than a day and a quarter, and in most cases less 
thanaday. We allow five expert witnesses on each side and thatisall. An 
expert witness unless he has examined the prisoner himself is, of course, 
simply going to give opinion evidence. We bring him in Court to listen 
to the evidence. If he requests it he may take the man and examine him 
and then give an opinion. We do not have six or eight pages of a 
hypothetical question. The expert is asked simple, particularized ques- 
tions. Our insanity law is simple. I see that my judgment was affirmed 
by the Court of Appeal since I came to this city in a case where a man 
was charged with murder. The man waited for another on the street 
and shot him. The first doctor for the defence was called and was asked, 
‘Was this man insane”? “Yes, insane.” ‘In what form”? “ An in- 
curable form of insanity, paranoia in an adyanced stage.” ‘Did he 
