AUCKLAND SPECIAL.

Gisborne Times, Volume VI, Issue 281, 6 December 1901, Page 3

AUCKLAND SPECIAL.

JUDGE CONOLLY. (Special to Times.) Auckland, last night. It is rumored that Mr Justice Conelly contemplates retiring. Judge Conolly is severely taken to taßk by one paper for the language he used to Dr. Wilkins, during which the latter gentleman was the accused. Thus the paper continues : “ The fundamental canon of British jurisprudence is that as a prisoner is hold to bo innocent until ho is proved to be guilty it is the function of the Judge to see that the accused person obtains the fairest possible trial, and to carefully guard himself from influencing the minds of the jury hy leaning to one-side or the other during the course of that trial. Now, what effect is such a remark as : ‘ I have seen a great many low ruffians in that dock crossexamine witnesses, and I have never seen one do it so badly as you,' likely to produce upon a jury. Obviously, they would conclude that Judge Conolly looked upon Dr Wilkins as a low ruffian. It betrays a heat dogreo of temper and a spirit of acerbity that one does not expect to find " on the Supremo Court Bench. ‘lt may bo said,’ proceeds the same journal, “ that as Judge Conolly is a very old man that some allowance must be made on that account. He is a very old man, in his eightieth year we believe. We do not think it is in public interest that men of such great ago should be exercising the very gravo and weighty responsibilities that devolve upon a Judge. The natural enfeoblement of ago, which impairs mental faculties and weakens or obscures the judgment, furnishes sufficient reason for retiring our judges before their powers are waning. It is not the first timo Judge Conolly's judicial observations have excited public remark. Something of the same kind happened in „ connection with the celebrated ‘ akin- [ grafting’ case in Auckland, and on the face of it the reference ho is reported to have made to Dr. Wilkins' inode of crossexamination seems so unwarrantably offensive as to suggest that the Judge lost his temper.” A local contemporary today deals at length with Judge Conolly’s unfair treatment to Dr Wilkins: “ Of course, Judgo Conolly is old—ho is in his oighty-fii-3t year—but this is rather an m'gumont for his retirement from tho Supreme Court Bench than a justification of his unrestrained and undignified display of temper. Naturally, he is irritable, like most old people, and irasciblo on slight provocation. Dr Wilkins' disregard of the rules of procedure must have annoyed him, but at the same timo these personal peculiarities are not calculated to assist the oven-handed administration of justice. On tho contrary, they are unduly trying to counsel, and unjust to persons undergoing trial, At the present timo, several of tho leading counsol of Auckland do not practice before Mr Justice Conolly. Is this fact wholly unconnected with his irascibility? It is amatterto bo seriously deplored that an imputation of bias should rest against any ono of our higher courts, more especially one which has such great power over the lives and liberties of individuals. However, it is to be hoped that the strong public feeling that lias been aroused by this case will not be without good effect, and that the published reports of tho proceedings will receive Hue attention from tho proper authorities. is not the only recent Supreme Court case in Auckland that has given rise to indignation. Wo might mention several, but suffice it for our purpose to say that the harsh sentence upon Aubrey, of Waihi, at a recent sessions, was in itself a telling indictment of Supreme Court justice as it is administered in Auckland. Even Supreme Courts aro amenable to public opinion.” AUCKLAND CUP. A local sporting writer, in summing up the different borsos’ chances in the Auckland Cup, says of the Gisborno mare Materoa: —“She has been with us some weeks doing her preparation, aud is being backed at outsido prices by the right people, an indication that her chance is not unfavorably regarded. At ono timo I looked upon Matoroa as likely to develop into a good mare, but she has disappointed mo so often that I cannot rocomlnend her.” _ UNION COMPANY. Captain Bernech, who'was in command of the Te Anau when she last visited this port, has taken charge of the Tarawora, Captain Manning having relieved him of the captaincy of tho To Anau.