THE CASE OF REGINA v SCHWARTZ.
The following conversation arising out of the remarks made by His Honor at the conclusion of the trial of Regina v Schwartz, took place yesterday, after the jury in the case of Parker v Buxton had retired.
Mr Duncan—May it please your Honor I wish to make a statement. I see from the public prints that some animadversions have been made as to the manner in which the prosecution was conducted in the case of Schwartz for arson. I may state, your Honor, that I was not connected with the prosecution in that case at all. I His Honor—l don’t see Mr Garrick here, Mr Duncan. I should not like to hear a etatement of this kind. I cannot hear it now in Mr Garrick’s absence.
Mr Duncan—But, your Honor, Mr. Garrick made a statement. His Honor—Yes, in the course of the case I don't think it will be advisable that any statement should be made in open Court with egard to difference of opinion as to the statement of facts bet ween counsel. That, it seems to me, would properly come before me in another place. Mr Duncan—All I wish to state, your Honor, is that I was not connected in any way with the prosecution. His Honor—l don’t think it will bo well to go into this matter. I don’t know whether you are aware, Mr Duncan, that I received a communication from a person in your employ which I shall feel it my duty to bring under your notice. Mr Duncan—Of that lam not aware your Honor. But does not your Honor think that
in connection with this matter, which was mentioned in open Court, that I may state that I'nevor saw the indictment, and that I
was not concerned in the case at all? I refused to do so, and Mr Garrick asked mo to allow him the assistance of my principal clerk, Mr Hart, and they went into the library — His Honor—l don’t think Mr Duncan that it is necessary we should go into details. Mr Duncan—Mr Garrick asked me to hand the indictment in to the Grand Jury, and I gave it to the policeman without even opening it or seeing it. . His. Honor—So far as lean see Mr Duncan, all that need be before the public is that you were not connected with the case in any way. It wad so, was it not P You did not appear at the Magistrate’s Court ? Mr Duncan —No, your Honor, I was not connected with the case in any way. His Honor—Very well, Mr Duncan. The matter then dropped, but it is understood that it will probably come up again at the sitting in harict) on Monday when Mr Garrick is present, so as to give that gentleman an opportunity of replying.
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https://paperspast.natlib.govt.nz/newspapers/GLOBE18790419.2.13
Bibliographic details
Globe, Volume XX, Issue 1611, 19 April 1879, Page 2
Word Count
473THE CASE OF REGINA v SCHWARTZ. Globe, Volume XX, Issue 1611, 19 April 1879, Page 2
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