The Akaroa Mail. FRIDAY, OCTOBER 29.
A connEsroNDRNT of the Ashburton Guardian, signing himself " Tomahawk," writes as follows : —
" If tlie people knew the real facts of the case, Ivess v. Martin. I venture to say they would howl at the great Panjandrum, and feel as indignant as I feel now. It is this caso thnt lias brought ' Tomahawk' on him, and although he has no warlock on his pate I shall certainly scalp him. To practise his 'prentice hand at law, he commenced proceedings against poor MiMartin. He sued him for some £27, when there could only be some £6 due, which he could have had at any time. He would act as hia own lawyer, and he got made a hare of by Mr Branson, whose client grew tired of defeating the vainglorious Yahoo and paid him off what he admitted. He could not gain a single step in any Co , rt. He paid away quite as much in Court fees and costs as the whole amount due, and yet ho could not get judgment. Mr Martin did wisely in paying the few pounds; for however successful a man may be in the Courts, it is in the power of the most vain, the most shallow, the ignorant and malevolent opponent, if he have money, to annoy the life out of a quiet inoffensivo gentleman like Mr Martin, who does not wish to meddle with law at all."
From some remarks in another portion of the letter, in which lie speaks of the legal as "a noble profession," we judge "Tomahawk" to belong to the " devil's own " himself. Into the merits of tho case between Messrs Ivess and Martin wo have no desire to enter ; but certainly if " Tomahawk " is right in his facts the case is a disgrace to the " noble profession," and is. one of those which make sensible men wonder how long even a British public will submit to be fleeced for the benefit of a close corporation. Hero are two men who have a dispute as to some matter of account. They come before a court to settle it, and one of the " noble profession," instead of aiding in clearing up the matter, persuades the magistrate— wrongly as it turns out—that he has no jurisdiction. Plaintiff accordingly applies to a higher court, presided over by a Past Master of the " noble profession."' Here he is informed that the matter ought to have been settled in the lower court, and that it cannot be entertained by that august tribunal. Trying the R.M. Court again turns out to be of no use, as the magistrate, for consistency's sake, adheres to his previous decision. Not to be daunted, the plaintiff takes steps to bring the question before the Supremo Court, and at last tho defendant "caves in," and pays the money # The probable explanation of this change of front is that the member of the " noble profession" who was advising him, though great at bouncing lay magistrates, felt that he could not hope successfully to bamboozle a judge of the Supreme Court. Altogether the case, although used by " Tomahawk" to glorify the so-called "noble profession," redounds about as much to their discredit as any we have come across for a long while, and that is saying a good deal. It simply amounts to this : that some one acquainted with the forms of law, and possessing a glib tongue, has used those advantages—not to gain a cause which he thought was a just one, but to prevent a claim, the amount of which was the sole question in dispute, being adjudicated upon at all. We wish the " noble profession" joy of their champion! A few more such enthusiastic advocates will tend to accelerate that extinction to which as a close corporation they aro slowly but surely
progressing
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Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 446, 29 October 1880, Page 2
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638The Akaroa Mail. FRIDAY, OCTOBER 29. Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 446, 29 October 1880, Page 2
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