PRIVATE HEARING REFUSED

Dominion, Volume 11, Issue 233, 20 June 1918, Page 6

PRIVATE HEARING REFUSED

IN APPLICATION FOR MAINTENANCE. An application to have taken in Chambers the hearing of a maintenance case, in which a professional man and his wife were parties, met with a firm'refusal from Mr. F. V. Frazer, S.M., at tho Magistrate's Court yesterday afternoon. The case was one in which the wife asked that the Court should make an order stating what amount of maintenance should be paid to her by her husband, who is at present in the Army on active service. Mr. P. W. Jackson appeared for the* applicant, Mr. Douglas Jackson representing the defendant. Mr. P. W. Jackson said defendant was al present on active service with one of the Expeditionary Forces. He (counsel) desired to have the matter heard in Chambers. He understood there was no provision permitting that, to be done, but his learned friend, Mr. D. Jackson, who was acting for the defendant, was also anxious that the matter should bo heard in Chambers. He could not see any objection to this course. "The wife has nothing against her husband at all," Mr. Jackson added. "They are the best of friends, but when he went aw'ay ho made no provision for her maintenance. It is only a matter that concerns themselves, and if it is to be thrashed out in the ordinary way there would be an amount of publicity which would only injure the husband in his present position in tho Army. I really think that for tho sake of all parties it is a matter that might bo excluded from tho Press." Mr. D. Jackson: I consent to that. _ The Magistrate: There is no. provision for taking these matters in private, and ! it is a rather dangerous precedent to establish, and I don't think I should make a start. The position of the parties really does not affect the Court at all. The poorest people from the slums may have the same sensitive feelings about having their troubles ventilated in Court, and there is no reason why I should treat people in a better socialposition in a different way. I quite sympathise with the parties' desire to have the matter made as private as'.-possible, but I am sorry that I cannot give a concession which I could not grant to people who are less prominent. I have no control over anything they (the Press) may publish. In any ease, I think it is always quite safe' to leave what shall bo published or what shall not be published, to the good sense of the editorial staffs of newspapers. I have never found anything to go wrong this way in Auckland, and I have no reason to think the case would be different in Wellington. Continuing, Mr. Frazer said he had no control over the Press, except in a taso where tho evidence was of a scandalous nature or indecent. In a case of the kind under notice, even if he had the desire to do so, he could not tnke tho hearing in private. "I am not going to attempt to do anything in the matter,'' remarked His Worship.

Mr. Jackson said the effect of the matter being mentioned at all, whether the evidenco was published or not, would be very prejudicial to the defendant. The Magistrate: That is the whole difficulty. It is a matter between you and the Press. It has nothing to do with me. You told me both parties are on friendly terms, There is nothing indecent or scandalous about that. Mr. D. Jackson: Mr. itiddoll has seen his way to take such a matter' in Chambers. The Magistrate: Well, I am not going to say anything about another Maeistrnte's actions. I am not going to make a start myself. His Worship suggested that the parties should arrange the matter at a conference. After further discussion, the hearing of the ease was adjourned until 2.15 p.m. to-morrow.