SUPREME COURT.
We had reason some time ago to complain ot the Supreme Court Being closed on certain days, .although the public business is under consideration and counsel on either side is heard,, We have since* then had many professional communicationskimi ly made to us on the subject, that enable us in some degree to peep through the blanket of the dark, which—whether wisely or not alwa) s envelopes the proceedings of our law courts,, Monday the 20th ult. was appearance-day, to answer to summonses issued by the Supreme Court; —in tact, since arrest by mesne process has been abolished, this appear-ance-day is the time for putting in pleas why the plaintiff's demand should not be summarily awarded.— lt is a process which is made »jseof to enable an honest defendant to prepare-for trial, — and tor those who have no defence, but the inconvenience ol present payment, to invent through counsel learned in the law some specious fib —technice a sham plea, by which to gain time—or, in vexatious, cases, to harrass the honest plaintiff* This business of pleading, whether sham or honest, has generally been snugiy managed in judges' chambers. Mr. Martin thinks t wise to hear it in court, at all events, in the presence ot the profession ; and we much admire his preference—but he does not —we say it sue judice, with profound reverence —he does not '-go the whole hog.'* tVe were not shut out ot court on this occasion,and we were not commanded to withdraw—but we were told that it was exoected we would do so, if
there was any possibility of our being upon the forth-corning jury. We respectfully complied with the hint, but we see no sense in the arrangement. Parties connected with the proceedings plaintiffs and defendants, are allowed to be present with their counsel, and ot course they talk ot nothing else when they come out of the court but their own version of the proceedings : in fact, there is all the reality or publication, without the restraint of responsibility. Besides—in preliminary criminal proceedings, almost every individual present, however crowded the cctart may be, is liable to be a juryman upon subsequent trial, and yet*no Police magistrate thinks it proper to close his doors on thaUaccount. We. need not say to his Honor Mr. Martin--**Be just/' but we may say---" Fear rat"; —there is no evil to be anticipated from full publicity: every thipg is to be dreaded from the un-English system of closed doors.
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Bibliographic details
Auckland Times, Volume 1, Issue 36, 2 March 1843, Page 1
Word Count
414SUPREME COURT. Auckland Times, Volume 1, Issue 36, 2 March 1843, Page 1
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