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Gisborne Times, Volume IX, Issue 896, 20 May 1903, Page 4

His Honor : I will not have anything of the kind sai l here. No man with any sense of decency—you ma/call this bias if you like—would bring up tny daughter’s name into this case. Mr Tole, having turned round to accused, and quietly advised him not to persist in such a course of action, accused said that ho (Mr Tole) was endeavoring to intimidate him. Accused, still speaking, in spite of His Honor’s warnings, said the lady alluded to had said that if sho had known who he (accused) was she would have sot tho dogs on him. Accused was continuing to further refer to the matter, when His Honor repeated that ho would not have it mentioned, adding, “ 1 will havo you taken below and locked up if you persist in insulting my daughter.” Accused: 1 cannot insult her unless I tell lies about her, and I am not doing that. His Honor: If you cannot be silent when I toll you 1 will havo you taken below. lam surprised that a man of your intelligence should act in this way. Accused : I will take up another matter to show bias. When I first applied to Your Honor to allow mo free subprenas you practically promised to allow me half the number. His Honor: I did not make such a promise. I said I would consider the application, and I did consider it. Accused : And you refused it ?

His Honor : Yc3 I did. Accused said this was conclusive evidence of bias. After referring to his financial position, he said that in cases in which banks were concerned, judges, if they were shareholders, abstained from sitting on the cases. Tho satno principle applied in his case, which was a political persecution, and not a criminal matter at all. He said ho would like His Honor to satisfy him that ho had no bias. He did not feel that this was so. After a pause on tho part of accused, His Honor asked accused, “ Havo you dono? ”

Accused: I thought Your Honor was considering tho point. His Honor : Havo you anything else to say? . Accused (still holding tho paper in his hand): Now, Your Honor, I want to forco the article before you. His Honor: I will not havo it. I will not havo nowspaper articles read in Court. Accused commenced to road from the paper, and His Honor ordered that tho paper bo taken from him. Sergeant Hendry took tho paper away from accused, but it was shortly afterwards returned to him.

His Honor (to accused): Aro you going to conduct yourself properly ?

Accused : Yes, but this articlo must como out.

His Honor: Mr Richardson, aro you prepared to conduct yourself properly ? Accused : Yes, I am ; but I must have this article out. If Your Honor will hoar it--His Honor: No, I will not. Accused: Will you tell mo why ? Because it has nothing to do with this case.

Accused : Surely Your Honor does not particularly want to try mo more than any other judge. Lot sotno judge whom I have not criticised try me. His Honor: I am not aware that you lmvo criticised me. Accused : I am a married man, with a large grown-up family, and I do not wish to bo sent to gaol here. His Honor: Ido not wish to send you to gaol. So far you have shown no ground for alleging that I am biassed. Accused: The town talk is that you have been made acquainted with this article. His Honor : I have not. I never heard of it until to-day. Accused : The lady I referred to — His Honor: How dare you refer to tho lady ? A man in your position should behave like a gentleman. Acccused : Now you are showing bias. His Honor : I say it is not the conduct of a gentleman to bring a lady’s name into the case. Accused (again looking at his paper): I must read it. His Honor : You shall not do so. Accused : I must insist.

His Honor : You shall not persist. (To tho police): Tako the paper from him. Sergeant Hendry again took tho paper out of accused’s hands.

Accused: You have no right, Your Honor, to prevent me— His Honor: If you do not conduct yourself properly I will have you taken below and locked up.

Accused: I will go below as often as you like until I die, but I must persist in having a fair trial. His Honor: So you shall have a fair trial.

Accused: We are sot against each other. Your Honor has the advantage in the meantime, but behind me will bo public opinion. His Honor said his reputation in that Court did not require to be defended. Some newspapers did accuse him of bias, but he did not care for that. Ho would stand on his reputation. Accused : Your Honor does not see the point. The fact is not that certain newspapers have criticised, but that I have done it. That is the point. His Honor: I will not allow the matter to be brought out. lam prepared to tako tho responsibility. Accused: Iu this particular ease— Bowes case—Your Honor showed that you are a man of strong peculiarites. Your decision in that case was upset by tho Court of Appeal. His Honor said the point in that case was one of law, and he was always wiliiug to be set right by the Court of Appeal. Accused : I will not agree to plead unless you allow me what I ask. I will fight this till the day I die. His Honor : You have already pleaded,

Accused: But the plea was not accepted. Will Your Honor say why you are so determined to hear my case '!

His Honor : It is my duty to hear it, as you have shown no bias on my part. You say that if I had read a certain article I would be biased. I have not read it, and I am not going to read it. The accused did not continue the argument any further. The plea put in by tho accused last week and Mr Tole’s replication were then read. Brielly, the plea was : (1) That accused was not guilty; (2) that the alleged defamatory matter, if published by him, was true and (published in the public interest ; and (8) that such publication was for the public good, The reply of the prosecutor was that the pleas were not sufficient under the statute, and that they were otherwise bad in law ; and, further, if sufficient in law, the allegations made were untrue, His Honor (to accused) : Are you prepared to support your plea as a matter of law ? Accused : Yes, Your Honor. His Honor: Do you propose to argue it yourself'? Accused : I do. His Honor: It is purely a matter of law, but, of course, I cannot prevent you arguing it. Are you prepared to argue the matter of law now '? Accused; As well as lam able.