BOOKS OF THE DAY.

Dominion, Volume 6, Issue 1764, 31 May 1913, Page 9

BOOKS OF THE DAY.

[THE STORY OF THE VICTORIAN BAR

Though primarily appealing to members of the'legal prolession, Mr. John Leonard Fonlo's "Story of tho Bar of .Victoria" (Melbourno and Wellington, Whitcombe and Tombs) contains much that should entertain the general reader, especially if he bo interested in Australian political and social history. Mr. i'ordos narrative covers the years between 100 J and 181)1,' in which latter year, the year when,, in Victoria, tho two branches of the legal profession were amalgamated, tho author/who for many years had, m his capacity of, a press representatn e, enjoyed special facilities lor studying both Bench and Bar, retired from his connection with the law courts. Mr. Fordo describes his story as historical, personal, and humorous.'"' Ho has brought together;many curious and interesting facts, and has worked to excellent purpose, 'upon what has evidently been a rich fund of personal knowledgo and reminiscence;

iThe Earliest Melbourne Law Courts. Of the dispensation of law aiul justice in tho earliest days of the Port Philip settlement', -ilr. Fordo gives, an interesting account. The first Evident Magistrate, Captain Lonsdale, received .£31)0 a year salary, his first residence being a turf hut erected on a site now occupied ty tho Melbourne Savings Bank, at the corner of Market Street and Littlo Flinders Street. Tho "court" was held in a. trading storehouse near at hand, be-, longing to tho pioneer settler John Balmau. Lonsdale's chief personal attendants were the constable and the "scourger," the latter being held to bo so important a functionary in a community which included forty to fifty convicts that his appointment was formally gazetted. Tho lock-up was a turf building, so insecure that ono night . some aboriginals, who were confined in it awaiting examination before the police magistrate, burrowed their way to freedom with facility.' , The official flagellator's berth was no sinecure, for fifty lashes was quito a frequent punishment for a convict who lrad coquetted unwisely with the rum bottle. The "free man" got oft" with a paltry fiveshilling fine. On one occasion, two constables were charged with and convicted of drunkenness, tut, despite this fact, and that one of them was described bv the local newspaper as "an arrogaut and blood-thirsty scoundrel/' only small fines were inflicted. Later on came another magistrate, Major Frederick Berkeley St. John, who possessed a very violent temper. It, was not long before ho fell foul of the reporter of the Melbourne "Herald," one Joseph Byrne, who, having seated himself in error at tho attorneys table, was threatened with committal for contempt. A couple of weeks later, .however, the errant scrite got level with the fiery major-magistrate, and in a very curious way. A man named. Larnb was charged with having sold liquor without a license, and was heavily lined. The accused ventured to , remark that ho doubted he had had justice, whereupon the magistrate told him that, if lie said another word, by G—d, ho wguld bo sont to gaol. _ Byrno happened to to in court at tho time, and when, the proceedings were over,' obtained a summons from .another magistrate against St. John for having used "blasphemous language in public. Tho major appeared in respouse to the summons,* and was fined five shillings in his own court.

,Tho First Supreme Court. The first member of the legal profession to practice at Port Philip was a Tasmanian solicitor named Gellitrand. It was ho who prepared tho first legal instrument executed in tho settlement, consisting of two deeds, under which the aborigines sold to .tho Batman Association all the territory on tho western side of Port Philip Bay, some 600,000 acres, for a quantity of blankets, looking glasses, led shirts, handkerchiefs, knives, scissors, tomahawks, and fifty pounds of flour, with an annual tribute, also to bo. paid in kind. Poor Ciellibrand died whilst on an exploring expedition to the Cape Otway Ranges. In 1839, Mr. James Croke, an Irish barrister, assumed office as Crown Prosecutor. In tho same vessel which brought him from Sydney camo Mr. (afterwards Sir) Eedmond Barry. In 1810, Mr. Justice Willis was appointed Resident Judge, and opened .the first sittings of the Supreme Court on April 12, 1811. From tho first his, appointment was . ill-starred. Ho quarrelled with practically everybody. No practitioner in his | oourt- was "allowed to wear a moilstocho or to keep a stallion!" Ho waged an incessant battle with the local press, and sentenced one editor, who had taxed his Honour with "intemperate conduct," to twelve months' imprisonment and to pay a fine of .£3OO. After serving three gonths in gaol, tho journalist was released, and the Governor remitted the fine. The judge had, however, one journalistic champion, a Mr. Kerr, editor of "Tho Patriot. It transpired afterwards that this gentleman owed his Honour <E645, and that the proprietor of,'the paper, Mr. J. P. Fawkner, was indebted to the judge in £550—money lent at tho substantial interest of twenty per cent. Finally, Judge Willis was suspended and left for England. He appealed to the Privy Council, which, three years later, de;lared tliat tho Governor and Executive Council at Sydney had power and sufficient ground to suspend him, but that lie phould have been heard in his own defence before suspension. The appointment •was revoked, but the juidgfc got a substantial amount for arrears of salary.

In the 'Fifties and 'Sixties. 1 After tho gold discoveries and tho development of Melbourne into an important city, quits a number of clover barristers came to tho front. Ono of these, Mr. Wilson Gray, "an able and upright man, whose nauio is still held in veneration by tho, older colonists of Victoria," afterwards "went to New Zealand, .•jvhero ho was a judge, at tho timo of liis $leath." Amongst other Government lawyers of th» day was , Georgo Miincr Stephen, who, when admitted, on April 1, 1852, had, says-Mr. Forde, "tho uniquo distinction of moving his own admission, ! being unable, it was said, to find any member of tho Bar. who would perform that office for him,. Ho afterwards hsld high legislative offices in South Australia, but returning to Melbourne in the 'eighties, suddenly, emerged into notoriety as a faith healer, finally removing to London, where he continued to practise as a faith healer up to tho time of his death.'" Unless I am mistaken, tins Mr. Stephen visited New Zealand in ths iater 'eighties, and lectured on iaith healing. •Mr R. D. Ireland, Q.C., was what the author calls a "typical juryman. ' Mr. Fordo tolls quite a number of queer stories about Ireland, who was quite a character. Ho says: Ireland was a daring strategist, and did without hesitation things' that men of inferior genius and reputation would not dream of doing. On one occasion a woman was tried in Melbourne for arson, tho evidence ivas inconclusive, but sufficient to go .o a jury, and enough, perhaps, to satisfy eomo juries of the prisoner s guilt. When tho case for the Crown had . been concluded, Mr. Ireland demanded of the Crown Prosecutor in a dramatic way: "Is that your case? iho Irosecutor nodded,a reply, llion, gentKmen of tho jury," said Ireland, 1 not occupy your time, _or tnilo witn your intelligence, by addressing you on tfclialf of the accused," and ho rolled back into his seat. The jury wit.iout •leaving tho Ixix acquitted tho prisoner. In court, he was at his best when ho had taken a stimulant. . . Ii in a long argument or speech to a iury, ho waned dull, he w«i.s given a refresher" of ,a liquid kind. 110 nas been seen, when addressing tho lull Court, to "beg tlieJr Honours' pardon," and retire to find a crier outsidia with an ."inspiration''- in his hand,

Of Ireland ns a politician l , Mr. Forde fells several anecdotes. Ono of his political opponents was Dr. George Samuel Evans, another barrister, tlio tame Dr. Evans who was ono or tlfe founders of the city of Wellington. Mr. Forde states that Evans was ajipointed to a judicial position in tho i J ort Nicholson settlement, "'having jurisdiction over bath civil and criminal cases, and bearing tho title of 'Umpire/>" Ho may theraore," nays tho author, "be regarded as having been the first Mew Zealand judge!" H. S. Chapman. Mr. Forde gives a lengthy and very interesting account of Mr. Henry Samuel Chapman, who was admitted to the Victoria bar in ISS-J>:

i Tho son of a civil servant, he was ' born, at Kennington, and began life as <1 bank clerk. He left Kngland, and the rest of his life was spent in - four British colonies, and two hcini- ; spheres. • Ho became merchant, news- ! paper proprietor, politician, barrister, ' Minister of the Crown, and Judge; sat on the Bench of two different colonics; started the first daily newspaper in Canada; wroto on \\'ool, and lectured on law; was familiar with the weaving of fabrics, and the making of constiutitions; condemned transportation, and originated the ballot. This is surely a remarkable record for an individual. Mr. Chapman was Attorney-General in tho'first- Administration of Mr. (afterwards Sir) John O'Shanassy, in 1857, and in Mr. O'Shanassy's second Government in ISSB-1859. Before going to Victoria ho had been a Judge in i\ew Zealand, and was, later on, Colonial Secretary of Tasmania. He arrived in \ letoria in 1854, and ten years later returned to New Zealand, again accepting a Judgship, which ho held until 1875, when he retired, dying at Dunedin in 1881, aged 7S. Mr. Chapman's second wife was a sister of Mrs. it. D. Ireland. Mr. -Fordo says;— While practising at the.Bar in Tictoria, Mr. .Chapman acquired a business, c'iiietiy in Ivisi Prins. Ho was a sure and accurate man, but, slow. On one occasion he was engaged in an action on a bill of lading, and in his opening address to the jury went largely into the nature and history of maritime law. R. D. Ireland, who was on tho other side, became impatient. "How long will it be," he demanded, "till you get back .to the Ark?"

It would bo oasy to go on. quoting from Mr. Tordo's entertaining pages. He has good stories to tell of the lamous Aspinall, whoso witty conversation, and, alas, mtemperato habits, are still recalled by Australians of the older generation; of tho eloquent Hidnbotham, the leader of the Victorian democracy; .of Priilham, Haokett, Dr. Hcarn, I'limkett, Biian O'Loghlen, and, of course, of Sir Kobert Molesworth, "the noblest.Roman of .them all." In his later chapters ho tells of the rise to legal and judicial eminence of manv distinguished men still living. The illustrations include portraits of Sir John Madden, Dr. Brewster, Mr. Justico Barry, Chief Justice Higir.botham, Ireland, Gavan Dully, Stowcll, Molesworth, and others, who aro mentioned m the test. (Price 55.). .. ~..