BENCH AND BAR AT THE ARROW.

Globe, Volume IX, Issue 1263, 5 April 1878, Page 3

BENCH AND BAR AT THE ARROW.

During the hearing of the case of Barry and M'Lean against (he Gladstone Goldmining Company in the Warden’s Court at Macetown on the 22nd inst., a scene, certainly without parrallel in that district, occurred. Tho action was to recover damages for trespass on plaintiff’s claim, and one of the items in the particulars was for £2O, special damages. The plaintiffs were represented by their agent, Mr Manders, M.H R., and the defendants by Mr Finn of Queenstown, solicitor. The “ Groin we II Argus” thus reports what ensued s Mr Mandera was summing up tho evidence for the plaintiff; and, referring the s eeial damages, stated ‘‘that his clients claimed the special damages in looking after the claim and also in going to Queenstown.” Mr Finn —After Mr Mauders ? Mr Warden Stratford-You are misbehaving yourself, Mr Finn, in interrupting counsel while he is addressing tho Court. I will not allow you to do so ; you must not interrupt Mr Mandera. [This was the ffrsfe remark made by Mr Finn during Mr Mandei’s address, which was of considerable length. 'V-r Firm—l aip, q.uito sure, your Worship, I said iuthing wrong—nothing beyond what I had a right to say to a £a}§e imjMfeßßion t ' " ''

Warden Stratford—Don’t contradict the Court; you are guilty of gross contempt by doing so, [Here Mr Stratford stopped Mr Handers from proceeding, and commenced writing, which lasted for five or six minutes, and then said]—Now, Mr Finn, this Court considets you have wilfully misbehaved yourself in interrupting Mr Maudere, and a’so by not standing up when the Court spoke to you. Mr Finn (who said “After Mr Manders” only when sitting down, but stood up when addressing the Court afterwards) —I am sure I did not misbehave myself to either the Court or yourself. If I have done so it must be owing either to my ignorance or else your Worship’s superior judgment in discerning what is wrong. Mr Stratford commenced to write again, and after a few minutes had elapsed, he said —You are perfectly right, Mr Finn, in saying it must be owing to my superior knowledge and judgment, as I consider myself more capable of forming an estimate of what is correct than you are, I have now been fourteen years on the Bench, and I think I should give an opinion better than you Mr Finn-I beg to dispute if you are I am sixteen years connected with the study of law, while your Worship during the fourteen years has filled the positions of Clerk of Court, Resident Magistrate, and Warden, If I have been guilty of contempt you know how to punish me without attacking my reputation as a professional man. Mr Stratford—l decline to hear you ; yon are guilty of misbehaving yourself. Bailiff, arrest Mr Finn and keep him in custody until the rising of the Court. Mr Finn-Oh, all right, (The bailiff here 1 advanced to where Mr Finn was sitting, and stood still). Mr Finn—Touch me, bailiff. The bailiff (touching Mr Finn) said—“ I arrest you.” Mr Finn—Now it is all right, Mr Stratford—Go on with your case now, Mr Manders. Mr Manders then continued his address, and closed his case. Mr Stratford—Does that close your case, Mr Manders. Mr Manders—Yes, your Worship Mr Stratford—The defendants can now say what they have to“say in defence of the action. Several of the defendants who were present said nothing. _ Mr Stratford, after a few minutes’ hesitation I see several defendants here; let them now come forward and state their defence. Mr Dagg (one of the defendants) —We cannot go on, and we want an adjournment of the case. Mr Finn to Mr Dagg—No, let him decide. There is no case against you. Bir Stratford—You must be quiet; you are a prisoner, Mr Finn—Yery well. Mr Stratford then finding that defendants would not go on with the case adjourned the further hearing until next day, at Arrowtown, yon have been found guilty of contempt of Court, and before I adjourn lam willing to accept your apology. Mr Finn declined to apologise, for the simple reason that he had said or ‘done nothing which in his opinion demanded an apology. Mr Stratford here read over what he had written of the previous proceedings, and Mr Finn denied having made a statement which the Warden had written? Mr Stratford told Mr Finn several times that he had made such a statement, and that he was sure of it, Mr Finn was quite as sure he did not. At last Mr Stratford appealed to the Clerk of Court, who was present and corroborated Mr Finn in what he said. Mr Stratford then said he was sure Mr Finn was guilty of contempt of Court, Mr Finn said he was qnite sure he was not, but, as the Warden thought it was contempt, he would apologise and have the question heard in the Supreme Court. He felt sure he was not guilty of contempt. Mr Finn then, without saying a word, turned round and walked out of Court. There was a slight clapding of hands as he was leaving the Court, and the matter was then over. We are informed that more than one kind of action will be instituted and that damages will be laid at £SOOO. At the adjourned hearing of the case on Saturday Mr Finn announced iu Court that he would not practice before Mr Sratford except for his particular client and these cases in which ha was at present retained. For the future he would bring actions in the District and Supreme Courts. The case ended in favor Mr Finn’s clients, with £35 14s costs.