Lord Atkin:-

In this case the appellant was tried before the Chief Justice and the Assistant Justice of Bermuda and a special jury on an indictment charging him with the murder of two children on 22nd November 1933. The trial took two or three days. The jury on the last day of the trial were unable to coma to an agreement, and were absent about three hours. They announced to the Chief Justice, who was presiding at the trial, that they were still disagreed. Then they were, by the Chief Justice, sent back for consideration for the night to their hotel, where they were staying during the trial. According to the shorthand note of the proceedings, the next day at 10.15 the Court opened. The Registrar said : "Gentlemen, have you agreed on your verdict ?" (Foreman of Jury) : " No Sir." (The Chief Justice):

"Gentlemen, I am obliged to you. I am sorry you have not agreed on your verdict, but you will be discharged now and you will be exempted from service on a jury for the next two years."

It seems to follow from that that the trial was at an end and the jury were discharged. Then the foreman of the jury rose from his seat. (The Chief Justice) : "Do you wish to say anything ?" (Foreman of Jury