MR. NODINE GAOLED.

Dominion, Volume 4, Issue 945, 12 October 1910, Page 5

MR. NODINE GAOLED.

STILL DEFIANT.

MB. SKEKRETT SARCASTIC.

JUDGE'S WEIGHTY WORDS.

THE LAW MUST BE UPHELD.

Mr. Nodino is now in the Terrace Gaol for refusing to obey an order of the Supremo Court. Several members of the legal profession and a considdrablo .number of the general public were interested spectators of the' proceedings in the Courtroom yesterday morning. Their Honours Mr. Justice Edwards and Mt. Justice Cooper were on the Bench.

Mr. C. P. Skerrett, K.C., and with him Mr. F. P. Kelly, appeared for the plaintiff, Jas. Alexander Hannah. Mr. Nodine being, legally speaking, under walked into the Courtroom at tho heels of the Sheriff, Mr. D. G. A. Cooper. Ho was not represented by counsel. The proceedings were the direct sequel or those of last Thursday week, when the same two Judges had before them a motion asking that a writ of attachment be issued against Charles Nodine, of Wellington, 1 tailor, on tho,ground that he had,failed to obey that part of tho judgment of the Court pronounced on June 4, 1910, which ordered that an agreement (between Hannah and Nodino) should be specifically performed, and that Nodine should ; sign the memorandum of lease drawn in accordance with the said agreement. Their Honours granted leave to issue the writ of attaohment, but ordered that it. should lie in the office of the Registrar of the Court sevan days. "We are giving you," said Mr. Justice Edwards, on thai occasion,. "seven days to come,to your,6ensos." That period of grace having expired, the plaintiff's solicitors took the requisite stops to have tho writ put into operation. Mr. Nodine offered no resistance to this course He walked into the sheriff's, offico yesterday morning, and accompanied him shortly afterwards into Court, as already stated. " "Anything to/Say?"' Justice Edwards: Well, Mr. Sheriff, you have tho writ? Tho Sheriff: Yes, your Honour. In accordance with the writ addressed to me, I have brought Mr. Nodine before the Court; Tlw writ was then handed up to the Bench, and tho Judges satisfied themselves that it was in order, and dnly endorsed by the sheriff. Justice Edwards: Woll, Mr. Nodine, havo you anything to 6ay? Mr. Nodino (unfolding a written paper): Well, your Honours, I explained before why I could not accept the order of the Court.

Justice Edwards: And at the same time we explained why you must; so we won't go back on that. Mr. Nodine: If I am allowed to speak, I suppose I may touoh on tho thine generally, Justieo Edwards: We can't go behind this. You disobeyed -the order of the Court If you had signed i that lease, there would have been an end of it. Mr. Nodine: I have already explained why I did not sign it > Justice Edwards: And do you staTtefuso to sign? , Mr. Nodinor Oh; yes. The position I take now is that this application for an order of attachment

, Justice Edwards: There is no application for an order of attachment. Justice Cooper-. You are already at. tached. i„ • , ' _ , , Mr. Nodine: It. is a straining of the law. N Justice Edwards: That is a question for you to put to tho Court of, Appeal, if you say we are wrong, : "Beaten At AM Points" Mr. Nodine'-. When his 'Honour the Chief Justice gave instructions for the lease 9 be signed, he gave an alternative, and that was that the Scgistrar of tho Court 6hould put his name to the lease oh my behalf. Justice Cooper: Well, ycrar own counsel successfully submitted—and we held with hitr.—that there was no power for that. That point was raised by your instructions. Mr. Nodinoi I know all that, your Honour, but I was thinking that Qiere was an alternative in his Honour's mind. Ho thought he could order the Kegistrar to execute the lease on my behalf. And now this document is brought in because -they are beaten at all .pointa, Therefore they have nothing else to rely on. They -find they can't enforce tho original idea of his Honour the Chief Justice. I wish your Honours to understand that I have great respect for the law. I have always been a law-abiding man. I yield to no man—l don't care who it is—in respect for the law. I wish your Honours to understand that I honour the Court as well, generally speaking, but in this instance I absolutely know that the ( decision is bad.' Justice Cooper: Which decision? Mr. Nodine: Tho decision of his Honour the Chief Justice.

Justice, Cooper: But you have not at down your grounds of appeal. Mr. Nodine: If I am allowed to procoed Justice Edwards: Wo are not sitting here as a Court *of Appoal Yon gave notice of appeal, and asked us to let this stand over. Tet you have' taken no steps to prosecute your appeal. It is quite idle to ask' us now to go back. There is a binding and lawful order of this Court for you to sign this lease. That is tho starting point of these proceedings to-day. i ' Defying the Court. Mr. Nodino: I am not asking you to go back on the Chief Justice's decision. 1 am merely explaining'why I will not sign tho lease. Justice Cooper; You will have to take the consequences. You have been ordered to do this,; and you have refused. When wo sat here the other day, we hold over the- writ eo that you would have time to consider the position, and to prosecute your appeal. Mr. Nodine: I have'not-had time.

Justioe Cooper: You are simply defying tho; order of the Court. Justice Edwards: Yes. You have had time. If you had chosen, you might have brought the. appeal before .this. Justico Cooper: It might have como on last Monday week. Mr. Nodine: If they keep pulling me up here, I don't havo much chance; if they send : mo; to prison, I : shan't have much chance.

Justico Cooper: Yon havo had at least two months to prosecute your appeal, since tho time when yon came before me, and I stayed proceedings for that purpose. Mr. Nodine. Your Honour distinctly said that I had until, Octobor 20. Justice Cooper: I said nothing of the kind. I said tho Court was to sit on October 3. Mr. Nodine: You said I • had four months. Justice Cooper: Four months from the date of the judgment. I told you to prosecute your appeal at these sittings. "More Than ..Ordinary.'. Indulgence," Justico Elwards: "Wo can't allow you to debate these matters, Mr. Nodine. You were ordered to sign the lease, and you refused to do so. Wo gavr) you 'more than ordinary indulgence when we allowed you seven days for further consideration, and the solicitors for the plaintiff havo givon you still moro indulgence. If you still refuso to sign,, you must take the. oonsequences. i Mr. Nodine-. Of course, your Honour. I know what the consequences are. , Justico Edwards: Vory well. I ■Mr. Nodine": And I wish to say that i when I am accused of fronting the Court, I don't admit- it.

Mr. justico-Edwards: It would bo idle to discuss that. You stand there defying a decree of the Court. Laws are useless unless there is a tribunal to enforce them, and if that tribunal allows them to be disregarded in the way you desire then there ceases to bo civil government in this,, Dominion.. Mr. Nodine:.Your Honour, as I pointed out before, I don't know .of anything exactly parallel with this. I understand what contempt of Court usually means but this is an order to put my hand to a paper that my own mind, as a truthful man, will not allow me to sign- That is my stand, and it-is not -a. stand that

I have taken at the last moment.;■'.' li.-y. took the stand that' the document;was a;!; y: false one,' and when I.was■ before: Mr.';.'. Justice Cooper, I wanted that document / to: be lodged under the protection of : the:' '"■■'■ Court. . .■; >/.:'"'"i ■:.:'':.' '■'■ • .'

Mr. Justice Edwards: "We can't hear anything about that. It is much, too lato. You could- have talked about it Us. the Court of Appeal before all the judgej except tho Chief Justice, but you have not done go. Lack of Legal .Advics. Mr. Justice Cooper: Your troubles aw; -due to not having legal advice. Tho > document you referred to was brought into Court before tho Chief Justice; Personally, I have done all I could when you have been before me, threo or four times, to by to persuade you to conduct your case m a proper way according to the rules of tho Court and with legal assistance, and you told me, timo alter time, that you, would not obey the rules of the Court and had nothing to do with tho rules of tho Court. Mr. Nodrac Your Honour will please bear in mind that in making a charge oh a document like I did, I could not ask any lawyer to assist me. Mr. Jnstice Edwards: Do you mean to say that the members of tho Bar axa so craven that they, dare not stand by a layman in distress? That is' not: tho character, of the Bar in this Dominio'ni Justice Cooper: You :know that Mr., 1 Dunn' did appear for you on dno occasion, and the Court heard him. I notice that ho is hero now—to assist you, I, suppose. Mr. Nodino: No, your Honour- I hara not communicated with him for mow ~" than a week. I ask your Honour to believe this—that two days before the crim. inal charge, I had never spoken to him m my lite. Justice Cooper: Ho appeared as yens , counsel fcn the hearing ot an application before Mr. Justice, Edwards and myself for directions to sign the lease. He, at your counsel, opposed that application.

Me. Skerrett Makej»a Suggcstinn. Justice Edwards tiffin said the mat. ter could not be debated further. Ho again asked Mr. Nodine: "Do you still - refuse tb;sign2" Mr. Nodino: I haws .alieadyanswerci Justice Edwards.: Then, Hr. Sken rett, what have you to say/? ' Mr. I desiro to point out, jonj Honours, that it iras necessary for Ma; 1 TTnnmih to adopt this course. No othei course was onen. His object is to get the lease signed, and to hold Mr. Nodine responsiMo for tho track rent. Counsel then drew their Honours' ctteraSon to & statute of George IV and William IV, under which (he submitted) after Mb, Nodino had been in prison two months, if he still refused to comply with the order the Court would then have jurisdiction to direct one of its officers t» / t execute the lease with the same consequences as if it bad been executed by , Mr. Nodine. That statute (counsel frgv - . ther stated) had never been repealed in England, though it had been suspended by the Trustee Act. He suggested that Mr. Nodine should bo sentenced to imprisonment for two months and fourteen days, unless ho soomer complied with the order of the Court. The, fourteen days would tilow time for the proceedings that would bo required after the expiry of the' . two m:nths left the Court free to have the leiiso executed by an officer. Justice Edwards: It will require more t than . fourteen tiays. Two must expire before ho can make a jjetition. 1 VThe Martyr's Crown." Mr. Skerrett: Then I would say threo months. I trust your Honours will allow me to say that there is 1 nothing in this, contract different from hundreds of others v_ that axe entered into everyday of 'tho~ year,and every hour of the working day, v Tho defence was, first, a charge that tho , agreement was forged. " The otheT defences were merely technical, and of tho flimsiest kind. There was not even a_ suggestion that tte defendant was v over-~ reached or that the bargain was unfair, or that he entered into it with anything but a single eye to his own interest. The solo defence was ,a charge of forgery against tho persons concerned in tho preparation of the lease. I can't help feeling that there is a good deal of personal vanity underlying Mr. Ncdino's refusal to sign the- lease. I venture to suggest that Mr. Nodino desires to pose as a martyr—that he is inflamed with a desira for the martyr's crown. May I remind Mr. Nodine that it is not everyono who gets tho garland of bay! leaves. For some ■ people the only reward of martyrdom is a posthumous reward, and many havo suffered without even that. '

■/'iM;' ; :Nddin6r"'Y6nr-:;Hoiibu^^l/:.;ttu^ : .Vv protest against.this. ;./.'; > : ' : 'V'-,'v;'' ": 'Justice - Edwards:-■!Mr.Nodine,':. if;{you/';/ Ead not gone •' out "of. your' way -'.to ■. make •,;.; an" attack. on Mr.: Skerrett':and all,' ..the■"■-', other ; people .concerned, - Mr.-:'.Skerrett;/, would; not have; thought ■ it' ; necessary". to r-. make"-these'remarks,'.nor:: would ' .thV : "; ; Court ;have. listened! to'.' them.:.■: We: allowed-:../ you .-'tor make." all' sorts ;bfstatements,' and ■'.;■ thosei'statements.;were "put,Jn the,.press,"-';.' aid.unte .those.cirotrinstances it;is not;.:,; possible .'to confine Mr." Skerrett -;;withtn";v/' the 'bounds-of; the "strictlegd'-asP^ctS/Of.''';;; th.e. : .;■/;.;/ - r '^5.14

Justico Cooper: You did not hesitate to make'a charge of forgery. Mr. Nodine: I was always stopped. Justioe Cooper: Not until you nad got '• it out. (Laughter.) > Mr. Nodine: There was one statement that Mr. Skerrett made that was alto- * gether untrue. He said I never made a statement that I had been- overreached; In my pleadings I distinctly stated that after the way these people had laid , a trap for me I would not go on with the business; so I can't allow that state-' ment of Mr. Skerrctfs to go uncontradieted. ■ ', . 'The Previous Decisions. Justice Edwards: Well, you say now , that there was not only forgery but that you were overreached. That mast go for what it is worth. Tho public should lemembcr that the matter has been , tried before the Chief Justice of the Dominion, and that he came to.a definite - conclusion, and that it was further tried before a jury of your fellow-citizens. Justice Cooper: Who found that the document was not a forgery, and that you had no reason to believe that it was; but that you had nevertheless had an obstinate belief that it was a forgery? Mr. Nodine: I made & statement on tho last occasion that when tho jury answered questions 1, 2, and 3, I had called no expert evidence. Justioo Cooper: I garo yon an opportunity of calling expert cadence, and yon did not do so. Mr. Nodine: But you put'tho questioiis . - all the same.

justice Cooper: Of course! * Justice Edwards: We cant allow you to go back over all the legal aspects of the matter. iibout Heroism. Mr. Sfcerrett: I made my concluding obserrations, not in tho least degree as an answer to Mr. Nodine's charge regarding the preparation of the document—because that charge ,d>es not 6cem to mo' to bo worthy of notice—but in order that thinking people might see the difference between real heroism and an attempt to purchase a semblance of it by means of N conduct that is not only reprehensible,, but is a leal danger to the community. ' - Justice Edwards: Mr. Nodine, do you wish to say anything more? If so, lei it bo .to the point. Mr. Nodine, after stating that ho had never posed before anyone, and did not want to make a name before the Court or anywhere else, again began to refer to " previous incidents of his case, when Mr: Justice Edwards interposed. Mr. Nod.Tio: Butiyou allowed Mr. Skerrett— ' ■ i ■ -i Justice Edwards: I allowed Mr. Skerrott to make some comments on the attitude you have chosen to take up. lam not. going to allow you to go back ' to questions that wore settled by the Chief Justice, and by another Judge and a jury of your fellow-citizens, and. who decided on each occasion against you. Mr. Nodine: I have told you the reason why I rofnso, and I stand on that. The Consequences. Justice Edwards: Very well, Ton must, take tho consequences. The Court can listen to you no further. The position is very plain. There is a strict order of the Court agairst you—whether it is ' right or wrong does not matter for tho' present purpose. Yon gave notice of appeal, but you have not prosecuted your ' appeal. At every 6tago tho'utmost consideration has been shown \ou by the Court—most emphatically "by the Court - a' week ago, by myself and Mr.- Justice .Cooper, when the circumstances were suck

: .: ; v ': that., we/should;have-.been:justified.in/or-■'■'■;K.'./.dering/Iypu/to 'bo ■''committed-,- forthwith. , CWe gave .you, -however, a period of, seven ; :;//;:/: 'days to.'come; to your, senses. .Wo gayo ■".'••: you most ampler warnings, and-yau ;can- ■•'''•■,.', /■■ | not. suppose,' thati in those ■■ warning's we ///:;//|hnd ; anything:'but .your.;own interests in ;'■>':.' !TJew; :j-.And yet,':defying the,order of_ the ■'• : : "and rejecting/tho- advice'given' ?-■■:; !you' by/the' Bench, you come here, inV ~:'. isisting', as .you /have, insisted throughout, vWv-'vltnat you'will'/not'obey'the,orue'r of; the .-': ; .'? ieourt,;'and .you /aggravate "your, conduct >. >■'}■ ijW by' saying .that you :have ; taken the ', .. .veame. ; course lall.'through: .Oftha"t wo aro •j://.././.'-quite' /conscious'; : and /if ,it were not that *'■''$'viivye-Kokidn-'you'.'as a person who'is_hardly //// 'J' : .;Responsible for/ his' actions,//we..should V< : ;/ 'j,';■'toyq;comniittiey.'"you'- ; tp:prison';it'j^k , 'agO' : . jHv; ; '(;;'; /Thrte ;MontKsV" Imprisonment. '■/-; !:'il'i ' V;■/vYou/now'•'stand/here ;defying this,. tri•l;>MtranaV'and;if this is to -bellowed,, civil /./// V '|oyeniment;must.: ceasp.-' Laws rare';use- ''['■,;■: •'■-.'. '"less '.unless they/are enforced, 'and'/that :•' .': /" ean'Vohly.' be./done , by: ; the' ] tribunals.. to :/,•/' ' : /'; which Z the legislature "has v given -the ■■:■' :■;•/'. /.duty,'of, enforcing/'them..',-■' To..allow, you :;,:.;: ..to-stand here;deliberately;defying the law .%■''■■■■■':■• of the. land, and the/.tribunal which rc- ': .presßnts the/,; whole '■ community! is quite ';/■/-//out of the question//-..W0 hope you.will ;V-.' ~• still-come to your; senses.', . .'lf you do so, /within' tho three mbnths'to which we are ;;■■/■.,:, about- to sentence/y<>u,'/you will, be.able :p.':\ /.-; '.to' come.out:'/:-If ,'■ you,'still'refuse, : that ~■■■-.':V,-/'-will avail youlrioW-because'/itseems that :;;;■ '■'~; somebody.,else rcah/beZ ordered"to,sign ih- ;;-/:,' /,'":s'te'ad..'..o'f;, j'ou, /with/the'same/effect; ''You V- 'a : :. '.vnll:■ be /'sentenced.' 1 'to / ; three,' calendar

y:-;.-m^ :;//irK/."-;>Bdh,::,uiiless:;ybu/ sooner-comply'■ .with';; the 4:v/:%litidgmentv/of /ZtheXGpurt:;;;.- :Understand, U/Zf./'Z'/th at i:if;Zyou/ choose '/to.;' go /tb/'gaoli/jit/is. £A '/jpentirely ■your;pwji/election.'i:, There is hp ;;:/;N:Z*';liecessity/;fdr ;;you//to/enter./the/gaoL/r if i?' ; //^;\^only/ now;/ br/'at;/any/time ;Before /the; /••/t ; /i/v;isheritt/coiadu'cts.;!rb»l'there;/ypn ■/;'h/;. v /;';'that;y6u/m order-" ::.r/;;-/: /.;,/ 'Court.' .wlf ,ydu'choose; imprison-' : ;../\y/:/;; menti/jt/js'a/yolmtar^act'pn/yonr_part, ; (/'iV/;--,-rof jtho/public. '-.'.- ; :'iV?H "Dejiyer/i Him;;tp/iHe^Ga6ler.^'v,v';'/v :f ; t;- J /-,•/;■'■ >Mi.tide. CdoperY;'^ou' : ; can; always', obtain ; ; /;.',i./r ■'/your./dischafgo;by/signing tho -lease.' , '■.'/ /Z/'/Z:9 ; : HwianrivU'V'>;/'- : i^ : //;/'/ v> *'://'/'/-■' ■jff ;/|;//- / ./Edwards ;:■ WelhiMr; Sheriff i you/ /;•//// -/-..liaW. the /p/rispner,",and y^bu/must:keep, him, ratil.:ydu i :deiiTcr:hihi-tb''the"■•.■gaoler.!;..•'vl-. , i ' ■ : f, /./ : ,v Cooper:remarked/that;the pris l ' si'-'-i ''ti'.(ODßr ./would/ notl'.:be ; :t'reatM.'asVa.'criminal. simp]y;/be';'detained /in! prison, : '#';;/& ::.lt/ would/ be : /the;.treatr ftS:&!K , ;'^nt , /pf'.a;;debtprJ.ih:''prison/ i'fl/////:>/;Tie/o^t;/ten' ; Tbse^;;ahd/

■:/- ;t;'/.;-;. ii wards,td/the iTerrace 'Gaol.';';'/Mi-.'/Nodine, '-■}■.{ of/ ffie/Snpreme/.Court /;//;';: <buildrhgsV/;'COTrM,"avcapMions"poftma ;;/;'/ ;ieau;/;'/::/^/:/f/^i:v,v/;/H/;-;//W:/;:;va/;//.L ;