THE DENCH AND BAR.

Dunstan Times, Issue 1296, 31 December 1886, Page 3

THE DENCH AND BAR.

(Dvmedin '•Star," December 22nd.) There was a' smart passage-at arms at the City Comt this morning between Mr Fish, J.P., and Mr Bourne during the hearing of a case of a larceny, The accused had pleaded guilty, and Mr Baume, for the prosecution, asked for an adjournment till next day,as it transpired subsequently, with a view of getting the case, dis- ' posed ot before a different Bench. Mr Solomon (counsel for the defence) : The prosecutor is here, and, as the lad has pleaded guilty, what is the need of postpnni g ? Mr Fish : I do not see the what is the necessity cf it myself. Mr Banme : TJie circumstances will need a somewkajfc jbiore full explanation than at tltiej[ present tirno I am prepared to give A mere plea of guilty should not satisfy your Worships. Mr Fish (after consultation with his colleagues): The Bench are unanimous in declining to allow the case to lie postponed under the circumstances. It is only a simple offence apparently. The Bench cannot assume for a moment that there is anything behind the charge. Mr Banme : The fact that the boy was not arrested till after the expiration of neatly six months, shows on the face of it that there is something behind the charge. Mr Fish : But the information was not served on the boy personally; it was served at his residence on his mother. The Bench are unanimously of opinion that there is no necessity to postpone the cise. - ' Mr Baume: I ask whether your Worship intends to sit on the case. Mr Fish : Most decidedly. Mr Baume : I understand that there are reasons which should prevent your Worship from sitting on the Bench. Mr Fish: [am not aware of any, and we decline to adjourn the case. Mr Baume : I can quite understand your declining to see the necessity of adjourning; at the same time reasons do exist. ... Mr Fish : The Bench are unanimous in deciding to dispose of the case. Mr Baume: Th;it, also, I can quite understand. Mr Fish : Beaily, Mr Baume, these remarks are uncalled for, and do not redound to the credit and reputation of your profession. Mr Baume said that any remarks he had felt called on to make had been impelled by a strong sense of duty; but he felt that he would not be fulfilling his duty to his client if he had abstained from making the remarks he hud done. Mr Fish : I am not aware of what you are alluding to, Mr Baume. Mr Baume : I cannot well crossexamine your Woiship, and ascertain whether anything iu connection with this case was brought before you in

any other way than a judicial way. I am not at liberty to ask your Worship— Mr Fish : The Bench are not supposed to make a confidant of you. Every conversation that 1 may have taken place outside this Court, Mr Baume, it is no portion of your duty to know. •• ... , Mr Baume : Certainly not everyday conversations. But when they come before you in a judicial capacity they assume a more important aspect Mr Fish : We must stop this, sir. So fur as I am personally concerned, I say deliberately that during the lime T have sat on the bench I have never heard remarks of a more indecent and uncalled-for character. For many years l|feve sat here, and have earned a reputation for impartiality it is the first case in which a mem wr of the legal profession has talked £ me in the way this young man has done, to day. So far as this particular case is concerned,after what has been stated I must positively decline to adjudicate on it, and shall leave it in the hands of my brother Justices. Mr Solomon said that Mr Baume’s remarks were quite enigmatical so far as he .was concerned. His learned fiiend had not seen fit to indicate what ho alluded to. •Mr Fish: So much having been said by this gentleman, I maj explain that both parties to the suit desired mo to settle the matter amicably. They were quite willing to refer the whole thing to my sole arbitrament, but X declined unless both parties agreed to be bound by any decision I mi.ht come to That is all I know about the case. For some reason the question was not referred to arbitration, the parties preferring to come to Court So far as lam personally concerned I shall not adjudicate on the case, but shall leave it to be determined by the other three Justices present. Mr D. M. Stuart: After what has taken place I think it right in justice to your Worship to state this : that I, representing Mr Wilkinson, suggested to Mr Macdonald (acting for Mr Keasl) that the matter should be referred to arbitration. Mr Macdonald, however, did not fall in with the proposition, and so the thing fell through. Mr Fish said that he regretted that such reprehensible and objectionable remarks should have been made. His presence on the Bench that day was by invitation of the Court, he having been present when the case was remanded on a previous occasion. The only thing that could excuse the remarks that had been made was the inexperience of the gentleman making them. • Mr Baume: Inexperience, your Worship, in certain cases is better than experience. Mr Fish ; Call on the next case, seageant major. Inexperience is the only possible excuse that can be made for such conduct.