THE CHIEF JUSTICE AND MR BARTON.

Evening Star, Issue 4253, 13 October 1876, Page 4

THE CHIEF JUSTICE AND MR BARTON.

In continuation of what appeared in yes- :..: tfcrday'Bisfraerwe obseryefrom#ie Wellington epers that there was a special ..sitting in j tuft:<m tha 9fch inat. for the purpose of! asking .Mr Barton to answer for a contempt Of the Court by-writing and causing to be • ; delivered to ih& Chief, "tfostice a certain , letter,, and to "show cause why he should not '" be punished for his contempt. There was a I large attendance in court during the pro-I •eedings. = Mr Barton, upon being called upon, said—- . Before addressing myself to the alleged contempt, allow me to remind the Court that,. •-: <-l»y advocating' my own cause, 1 am neces- , airily in. a' diffiottlt position, that difficulty • ( : . ; being ; increased •by the consciousness '"thlkt failure or' indiscretion on my part ; '»»*y\ render me . liable to' any term .V, .'of imprisonment, .however long, which -yonr Honor may choose to inflict upon ;•«*•:' Alfow me;also to remind the Court :,. .vttiatyQnr Honoris in the difficult position OVOf being judge.in your own./oause—bound to listen dispassionately to' any 'defence of an •■" •' •olwhich'has already been commented upon ■' - Vy your Honor in the langnage of unconwhich almost'for-" . .' Wds the hope that you can even yet approach ';. t 'fche subject with a judicial mind. W« both . .' I*bof nhder these difficulties necessarily, incident to our positions ; but I have j - «m my; part that, whatever my ,/ifcke, no word,shall.escape my lips unworthy v of my standing: at ..the bar, my age which ' ■ edcoeeds your Honor's, my. seniority of ; twenty-seven years at the bar—[His Honor: I have no standing at the bar]—my sense of wlf-irespect ; and dijmitv'as a ceritlpman

—— -Trr— '-■ ; —"* . aad my - 6ehse of uprightness and courage .'aa mi English citizen. If I succeed in ••rryingl out my determination, the Court ~iriU pardon me if .1 Bhould request that it ; ■hould use ita utmost endeavors to perform :■•' Ike .almost impossible task iropcsed on it of I '■ 3 *° unbiassed judgment in this mattur, tfad if; against nie that the punishment be no . greater than shall be adequate to the offence

aujow me' further; 1 before commencing my * fi"gument puiihe main point, tq allude to one •Iher netatirfry subject. Although 1 cannot ..- . o&rget that. I am'a&fcessihg a gentleman who for years was practising with me at the Dun•din fear, who >; the day that I came to ••side permanently in WeUineton. was on

-■■ 1 ■ -~ r,7l.'' ~ '"™"<g«wu, was on «wms of fnendshrp with me, yet I will care" fltlly remember that. I am addressing the v Chief Justice; pi 4 New Zealand. In order to prove that T have hot been guilty of contempt, it would be necessary his Honor with the circumstances. ■■* .. ..'Hi* Honor,: The ,Court is floj;.gcing to- : > kearohe wotd as to.whether the conduct of the Jndge was right or wrong in the course that had: been-taken, j wiU on i y v'}iear' whether the letter was a contempt and of an :-, ixwulting description. '■ l Mr'fcartoß :I am not going ; to raise the . question whether your Honor was right or : wrong on anything you. have done. r ihis is

doc *ae; B iace ior une ,tnal ot that question • - ™°JP r °P e i and P lace is the Parliament '■;' l ?i Ke ? r " Zealand. But at the same time • 'iallowme.to.tellyour Honor that the auth'ori.- -•' • ties af clear that J; am entitled to almost absolute freedom of speech; ' His Honor: I-will aUow you all due freedom or speTOn, and no more. - v-,¥r -Barton submitted that, in order i;bat - '■■ hwHpnor might bp able to form a judgment ..■j < ; w<tqwhether tie letter waß contempt-in j-:o,6to>r.that;he might know.,;fche intention of ; the writer, whioh wae a material element in contempt—his Honor should know the circumstances precedent. 11 ? 1 ". ¥ d n ,° ob ieo«ori to that, but ■..-.-..iW^*?, l^*-. 1 clearly understood by you r and everybody else that, inasmuch aa it . would be altogether a dereliction of duty to justify or explain any conduct of mine clearly on the-other, hand I must prevent .. any attempt oayour part to show that I was nrrong, Mt Barton oontinuedto urge - his richt to ' explain the facts hetelladed to. His Honor: I had come here to-day in the hope that a different course would be taken As this course has not been taken, I will how, postpone the /further hearing of tfcis matter until the Judges will be assembled

nere next montn, when, they and myself ; j»ay sit in the Court and deal with the case - K.there m any objection to this course I trill hear it. Mx Barton-pointed out that while the case was pending and the risk of imprisonment was nangingx>ver his head, it was impossiW*he could be tht acoused in a Parliamentary inquiry. ' HU Honor said, that being the case, he was willing to deal with the matter at once, sad as well as he oould. But he would not .- permit a statement of facta unless upon oath Mr Farton said it was the first time he had lieard of a member of the bar being reouired

to pledge h>s oath. • His Honor did not wish that he should ,«•,"», 0&th > bn * unshed that the facts ahould be stated on oath, because from his own knowledge the facts were not trulv atated. .;. J Mr Barton explained that he was not at .-the moment prepared to support his statement by affidavit, and suggested that his Honor Bhouid deal with kiß statement an of more or less credibility. His Honor would not do so. Mr Barton was then prepared to make affidavit of what he was about to state, or, If bis Honor would swear him, he would make his statement/ Hia Honor : You' desire to be sworn, do you ? Do you think it better that your own /«sth- sLouhF.be taken instead of that cf ■ other persons. Mr Harton : I' am entitled to depend-on. nay own oath. It m*y be unwise to do so, but I am entitled to do so. ;• , Mb Honor: Very unwise I should think. I have not heard you disclaim any intention to treat the Court with disrespect. Mr Barton had said so most distinctly. His Honor: An, explanation from a barristfr, under the circumstance, is not suf£s ' cienfc; he should apologise. Mr'Barfon would bare conduded with an JPtfogy if k« had' had time. He saw that ~his..-Honiap-.was aogp*ed ,with Kim, and he was anaaouß to make an explanation, and to make it full, • ~i ■ i

His Honor was willing to take Mr Barfcon'B assurance, bnt persons generally made their apology first, and gave thtir explauasuA&a&ec wards. . „-« -.•;- --*---<-..«*.,• ■*■. -- Mr.Bai.ton said he would have prbnee'.ed jritlLthe apology had he Jiot.been. sjboppecL His Honor had spoken very angrily) to him before an explanation was given. ; . His Honor : You are not to suppose that I am accepting what you say as anything like the fact. Mr Barton : Then it is better that I should make affidavit. I ask your honor to adjourn the order for two days. At the adjourned hearing, as our telegram informed us yesterday, Mr Barton appears to have further : put hia foot in it.