The Gisborne Times PUBLISHED EVERY MOBNING. GISBORNE, SEPT. 15 1905. A JUDGE’S COMMENTS.

Gisborne Times, Volume XIX, Issue 1559, 15 September 1905, Page 2

The Gisborne Times PUBLISHED EVERY MOBNING. GISBORNE, SEPT. 15 1905. A JUDGE’S COMMENTS.

A correspondent jaitly complains of remarks made by Mr Justice Edwards in the sheep case. We cannot understand why a gentleman holding a high judicial position the dignify cf wbloh it iB very necessary should be maintained should go out of his way to make comments that would form ground for an action if they were uttered' by a private individual. The case in question was a oivil action in which the Judge bad to decide if there had been a breaoh of agreement, and if so what loss had been sustained by the plaintiff. Anyone who knows anything of the sheep market daring tbo period in question 1 is aware that the loss entailed on a disappointed buyer would be greater than cou ! d be put in concrete form, and altogether out of proportion to any gain there might have been on the other side from failure to fulfil the agreement, It would have been quite sufficient for His Honor to have given bis decision without making unoallad for remarks. This sort of thing was characteristic tboughout the cases, and in some instances the giving of evidence almost resolved itself into a dialoguo between the witness end His Honor. Is this sort of thing likely to aid in maintaining the dignity of the Court? Ia tho ease of Mr Black, for instance, when that gentleman incidentally mentioned a business transaction with a reputable firm, Hio Honor iu sarcastic tone said he would not take any notice of the evidence unless the name of the firm were giveD, thereby implying that unless tho

gentleman committed a breach of faith in regard to a confidential business transaction the Oourt would not aooepl the witness's statement as beiug of any value at all, In other cases the crossexamination was to a large extent taken out of the hands of counsel and witnesses were sharply taken to task, If a witness had been goaded into making a sharp retort he would have' been liable to severe puniabmont for contempt. A Supreme Oourt Judge has large powers, and therefore should as far fas possible adopt a strictly judioial, attitude, Bifting the evidence aooording to the value he plaoee on it. Mr Justioe Edwards when in Anckland seems to have been in the best of humor, and one sentence was so lenient that all the papers devoted leading articles to the subject, enquiring why,,a man who had been swindling bis employers for years should get off so lightly. In Gisborne His Honor must surely have been in a bad mood, for it beoame a daily, query in the street as to who had been getting a turn now.” Possibly we are a littlo bit spoiled in Gisborne, for onr Magistrate’s Court is conducted in an even-tempered, calm, judicial manner thatj|assures,patient hearing of all matters dealt with.