The Criminal Law Journal of India Journal May 31 1906

The serious illness or insanity of the defendant and the illness insanity or death of the judge or a juror engaged' in the trial have been held to create a necessity for the withdrawal of a juror and a postponement of the trial ; and other instances of the same nature might arise which would justify a like action. [...] In State v. McKee (5) it was held that after a jury has been charged with the trial of a prisoner upon an indictment for a capital offence it cannot be discharged and the prisoner remanded for a second trial except for the following causes (1) the consent of the prisoner ; (2) the illness of one of the jury the prisoner or the court ; (3) the absence of one of the jurors ; and (4) the impo [...] Some years ago a Judge in one of the County Courts in England became satisfied that the plaintiff in a civil case tried before him had committed perjury but the Judge shrank from committing the witness for perjury and took the course of sending a copy of the evidence to the director of public prosecutions with a representation that in his opinion the plaintiff had committed perjury during the hea [...] Futhermore in practice these are persons apparently for the most part actully influenced for the better in their mental operations on the witness stand by the imposition of the oath and where experience looks to the contrary the result has been due to the deplorable irreverence and triviality shown in the administration of the formality rather than in the inherent inefficacy of the oath its [...] The fundainental idea of the judicial oath was to call to.the mind of the witness the existence of an Omniscient and Supreme Being who in the words of one of the old judgments is— the Rewarder of Truth and the Avenger of Falsehood." But the existence of a Supreme Being who will avenge falsehood is denied by increasing numbers on this cotinent and the sacred volume itself (the kissing of whic