A "BREEZE" IN COURT

Ashburton Guardian, Volume V, Issue 1564, 21 May 1887, Page 2

A "BREEZE" IN COURT

Yesterday the quiet whioh has of late reigned within the R.M, Court was very considerably disturbed by a passage of arms between the 8.M., Mr Baddeley, and Mr Wilding, counsel for the plaintiff m the oase of N.Z.L. and M.A. Company v. Max Friedlander. In that oase, among other items olaimed, was one for interest ov a balanoe of some purohase money of grass seed, and for this the defendant maintained that he was not liable. Mr Wilding questioned Mr Friedlander as to whether interest had not been oharged by I the plaintiffs' company to the firm of. Friedlander Bros, on previous oocasions, while [witness was a member oi that firm. Mr Purnell, counsel for the defendant, objeoted to this question. Some disoussion ensued as the admissibility of the evidence, and the Benoh finally ruled that it could not be put. Mr Wilding said that the evidenoe was admissible on several grounds ; and then addressing Mr Baddeley, he said, "You are omnipotent here, and I am sorry for it; I have no remedy against your decision." Mr Wilding then prooeeded to say, that if that was the judgment of the Court it was only like a good many other deoisions of the Benoh, whioh had made the Court the laughingBtook of the country.. The oase then prooeeded. After a few more questions had been put to the witness the R.M. addressed Mr Wilding, stating that he must take notice of the remarks whioh had just been made. On several oooasions before the present, Mr Wilding, he considered, had behaved very rudely m Court. He (the Magistrate), and Mr Wilding had had from time to time differences of opinion, but that was no reason why one gentleman should not be civil to another. He had always given Mr Wilding an opportunity of appealing, when possible, and because he now differed with him m his interpretation of the law, that was no reason why he (Mr Wilding) should behave as he had done. However preposterous the Benoh may have often thought Mr Wilding's laying down of the law, oare had always been taken to observe proper rules m telling him of it. While he (the R.M.) sat on the Benoh he would take oare that no one suffered an injustioe at his hands if he oould help it. None of us were infallible ; m fact, very possibly we might be very fallible. Still there was no reason for what had ooourred, and the oonduot he had referred to had better come to an end. Mr Wilding agreed with His Worship that suoh scenes must oorne to an end. He recognised the desire of the Benoh to aot honestly and impartially. All that he com. plained of was the judgments of the Court. He had complained^ of the decisions of the Court before, and possibly he would find it his duty to do so again. Counsel admitted that he was a little warm m his manner, but the Magistrate himßelf had addressed oounsel and witnesses with some degree of warmth. 1 The Magistrate replied that he might have done so m cases where it was but natural tbat he should— when it was required. The matter then dropped.