THE AMENITIES OF THE BAR.

Evening Star, Issue 3528, 13 June 1874, Page 2

THE AMENITIES OF THE BAR.

There was a lively passage at arms between Mr James Smith and Mr Barton in the Resident Magistrate’s Court this morning. In the course of the hearing of the case of Loftus v. Cowell, Mr Barton, while crossexamining Captain Loftus, glanced round, and observing Mr J. M. Kitchie standing behind Mr Smith laughing, complained of such ‘gross ’ conduct, which he said ridiculed the dignity of the Court, and desired his Worship to order Mr Ritchie to leave the Court for his insulting behaviour, whereupon the following colloquqy took place : Tu£ r • I have to address the Court. Mr Barton (snappishly): I object to it. Mr omith : You have made insulting observations towards a person with whom I am protesßionally connected at the present moment. 1 think I have a right to ask the Court to give that gentleman its protection. ' hituDdf artoa 5 K tlle g6Qtleman ““behaves ««^&- Wotßhi Sr ! 1 ™ a T. sa 7 I did not notice t?ke awa? ySCIf ‘ Mr Rltc “ ie ’ y° u bad better ciJn+l ensconced himself between Mr Smitli apd Mr Barton; 1 ... . . • T M r + Bartqn (indignalhtly): Mr Ritchie has no rif A/r m *b® seats of the Bar. ’ • 1 '' - r “j th “ a l ,riv ilege always accorded to a client Mr Barton has no right to assume the dictatorship of this Court. P arfcott said his friend invoked such a discussion, and then the Press lampooned him. down : * shall certainly not be put Mrßartmu I shall continue to stand until ms Worship puts one or other of us down,— (Laughter.) Mr Smith : Your Worship, I am addressing y° u Mj Barton has taken upon himself to prevent Mr Ritchie taking a seat beside his counsel Your Worship is perfectly aware that a client generally sits beside his counsel, and I therefore ask your Worship to state whether Mr Ritchie has a right to ait where he is, Mr Barton , This is the first time I have heard Mr Ritchie is a party to these procoeciings. Mr Smith : Mr Ritchie is not an immediate party to the proceedings, but : is a member of Sf bquae, who are the agents for therefore being-' nected with the case, he should occupy the position of one of the parties in this Court. He is Rfrnnf 8,8 l °S the V<S3Sel . »Ud tO instruct counsel It is in tkat capacity, fnn3 U b fl bas a right to have extended to him the privileges of a client in this Court. I protest gainst Mr Barton being

allowed to dictate to Mt Ritchie in such a way as he has done. Since Mr Barton has raised the question, I will ask your Worship to decide the law on that point. Mr Barton i Your Worship will recollect this matter was commenced altogether by Mr Ritchie, in the most unseemly manner, when 1 had asked a -question of the captain who was speaking on a certain point, laughing loudly m such a, way as to interrupt me, and possibly cause ridicule to be cast upon the question and answer. That done, I complained to the Court. Mr Smith rose to object to my making such % complaint, and to make one of his usual attacks upon me. Then the matter got hot, and I requested that Ritchie should be made to behave himself or leave the Court. No doubt your Worship will remember that up to that time Mr Ritchie had been standing outside the seat. Then Mr Smith, apparently for the purpose of making trouble, asked that Mr Ritchie should sit here, although he is not a party to the proceeding, I object to that. Mr Smith : I hope the Bench Mr Barton: If your Worship allows Mr Smith to rise for the mere purpose of insulting me, you will drive me to leave the Court. I am not bound to stay here to hear Mr Smith use offensive expressions. After further discussion, Mr Barton said : Will you ask the reporters to leave the Court, so that they will not take it down ? Ido not care what I say when they are not present. Mr Smith ; I hope the Press will report Mr Barton s language. Mr Barton; Not if they report it in the manner they reported Macassey v. Bell, by putting words in my mouth that I never used at all, and. then publishing all the derogatory mad? by Mr Smith by putting them is tpe fullest manner. I ask the protection of the Court. ' Mr Smith : Will you allow me to speak ? His Worship directed Mr Smith to’ proceed. Mr Smith; Mr Barton ought to know when I have made up my mind to address the Court, nothing whatever will divert me—not even though I should have to stand for hours or for days. I first rose to make an explanation, in the name and on behalf of Mr Ritchie, to disclaim on his part that he wished,to show any disrespect for this Court, or any person connected with this Court, Mr Ritchie simply smiled or laughed—certainly it could not have been very loudly, since it was not sufficient to attract his Worship’s attention—as did the crowd behind him, at an incident which caused some laughter, l am not aware that there is anything prohibiting laughter in a Court of Justice. Generally the cases are so dry that they cannot cause a laflgji. ' js flui|e apy $$ fiends opcasipnally dp peepr sufficient to capap py mirth. He pertainly had no intention qf insulting thp Court or apy one else. That explanation was made in justice tp Mr Ritchie ; hut Mp Barton was plainly laboring under an hallucination. His Worship 5 There la no need for him to say anything, The explanation is quite satisfactory. Mr Barton: I don’t think when Mr Smith first got up he rose to make that explanation. His Worship observed if he said anything he should say that Mr Ritchie was standing in a place where he should not have been, when the matter first came up. Mr Barton : Mr Smith only made that explanation just now because he knew that if he had not done'So Mr Ritchie would have been forced to make it by the Court. The matter then dropped.