THE AMENITIES OF THE BAR.

Evening Star, Issue 3497, 8 May 1874, Page 2

THE AMENITIES OF THE BAR.

The “ brushes ” between counsel have been astonishingly numerous during the progress of the case of Macassey v. Bell. They were especially so yesterday, as will- be seen by the following extracts. When the defendant’s case closed in the afternoon the foreman asked that the jury might/ retire to see if they could not agree to? a verdict without hearing counsels’ speeches, but His Honor said that the * defendant’s case only had been closed, and there was a rebutting case, though he confessed he did not see much use for it; whereupon a colloquy ensued:— Mr. Barton: The Foreman of the jury had given the Court to understand that they,had their minds made up. The Foreman: No. Mr, Barton said that the Juiy at any rate intimated, through the Foreman, that they had had enough evidence. The Foreman : No. The Jury have' never consulted yet. Mr. Barton said that if the Jury had a fair and reasonable chance of agreeing The dudge : I cannot ask them that. Mr. Smith : This is unfair and indecorous on the part of counsel on the other' side. Mr. Barton objected to such language. Mr. Smith: I cannot withdraw the remark, for I fairly mean what I say. Mr. Barton'said that he had never conducted a case in which the counsel on the other side made a charge that was so grossly unfair. o j Again, when a discussion arose as to the admissibility of certain evidence: Mr Barton: I respectfully submit lam not to be bound down by what Judge Ward chooses to be put in the pleas. Mr Smith pointed out that Mr. Barton in reading the plea had made an interpolation—had put in the word “ improperly,” Mr Barton had never, in the course of • his practice, heard such language as in this case. Mr Stout; The way Mr. Barton has treated your Honor— His Honor would beg that counsel would keep their private feelings to each other. Mv Smith begged to apologise if he had said anything that would offend. He really, did desire to exchange nothing but courtesies between himself and his learned friend. Mr Barton: You’ve an odd way of showing it* 1 Mr. Smith: If I am wrong, I beg your pardon for the interruption. Mr. Barton : ft is not pardon for the inter* ruption, but for the, excessive discourtesy in saying that I read the pleas falsely. ‘ Mr Smith; I said “ erroneously.” »lr. Macassey: The word Mr. Smith used was “ interpolated.” ' “ W * Examination of the witness was then re? sumed, and a question was put, to which Mr. Smith objected. Mr. Barton: Everything against Mr Maoas? sey is to be admitted, but Mr. Macassey’s mouth is to be closed. It is like the Press inserting a blackguard letter, and not allowing a reply—they sometimes won’t receive a man’s letter.' ' . Mr. Smith; My friend has a standing night? mare of the " Daily Times.”; 8 Mr. Barton: So I have a standing nightmare of the “Daily Times.” and I don’t know that the “ Daily Times” and my friend won t be sitting on me when I go to sleep. Tvr T °^ ay on . a question being put by Mr.> Barton in a form to which the other side objected, Mr. Smith rose to address the Court, and Mr. Barton interrupted; Mr. Smith: lam addressing the Bench. ■n ?! ® ar k° n •Itis B pity there is not a Bench set up in the next room for you to address while I am conducting this case. . Mr. Smith: Your Honor allows Mr. Barton m this Court a license you will not permit me. I am always checked when I make an observation that Mr. Barton is allowed to make. The Judge denied it. • Mr. Smith: I will leave it to the public to judge. Your Honor has laid down certain* pipes xu this Court for the examination of witnesses which Mr. Barton habitually transgresses, and I am determined to uphold the decorum of the Court. ’ • ' -