SCENES IN THE APPEAL COURT.

Globe, Volume IX, Issue 1220, 31 January 1878, Page 2

SCENES IN THE APPEAL COURT.

MR BARTOX COMMITTED TO GAOL. [Br TBLEOKAPH. IMSH PBESS AGENCY.] Wbxmngtox, January 30. During the sitting of the Court of Appeal, this morning, iu the Duuedin case of Speiw& v. Pearson, Mr Barton, the well-known barrister, strongly protested against the manner in which the Court treated him, m he could not fail to see the spirit and intent of tJae Court towards him. The Ohjef justice said he (Mr Barion) mul have iftrgotten himself, and ordered him to ait dwn, Afttjr telling big. llwb bi> sas w •

pugning the honor of the Judges, he asked nim to explain his meaning. After a long and indirect explanation by Mr Barton, the Chief said : Mr Burton, will you answer my question p Mr Barton said he would adhero to what he had said, and would take the consequences. The Court was then adjourned ior a quarter of an hour. On resuming, the Chief Justice said that as Mr Barton complained that he was treated differently from other practitioners of the Court, the proceedings could not be carried on properly while such reflections and imputations were being made. He therefore, with pain and regret, had to announce that they felt compelled to inflict a fine of £3O upon him. Mr Barton said he declined to pay.

After adjourning for lunch, upon resuming, the Chief Justice said he had been informed by the Registrar that the Court of Appeal had been sitting without due authority, and all its proceedings consequently were illegal. The Appeal Court at its rising on Monday last was not adjourned until any other day, and could not sit again unlets by proclamation of the Governor.

Mr Barton: I don't wish to take advantage of that, your Honor. The Chief Justice : Sit down Mr Barton. The Court is not listening to you. All the proceedings of Court were illegal in the case of Gillon'v. McDonald.

The application for an injunction then came on.

Counsel for the defendant raised certain points of objection, one especially being admitted by the Court. Mr Barton said he had many arguments to urge, but if the defendant's counsel were permitted to raise the point of nonjoinder, he would not argue the case further. Judge Richmond said Mr Barton had been accorded a license given to no other lawyer, and it could not be allowed to go on. Mr Barton said he would drop the case under protest. Judge Richmond said the only way to protest was to appeal. Such a thing as a protest was unknown to the Court. Mr Barton—Then, your Honor, I'll make it known.

After some further altercation, during which Mr Barton said that the decision of Court was unintelligible to the parties interested.

The Chief Justice proceeded to deliver judgment, but owing to interruptions by Mr Barton, he said it was absolutely impossible for the Court to proceed, and that he must keep his seat and hold his tongue, adding— That is the order of the Court."

Further interruptions ensuing, the Chief Justice asked Mr Barton to apologise, as his conduct had been intolerable.

Mr Barton was proceeding to justify himBelf at some length, when, after a few minutes' whispered consultation between the Judges, the Chief Justice said —The Court adjudges you, Mr Barton, guilty of contempt cf Court, and adjudges you to the public prison of Wellington for one month. Shortly afterwards the Chief Justice informed the Inspector of Police that Mr Barton was in the robing room, and requested that he might be immediately arrested, which was done. About six in the evening he was taken to gaol, and lodged there under a Judge's order.