MR THOMAS AND THE BENCH.

Globe, Volume XXIV, Issue 2610, 18 August 1882, Page 3

MR THOMAS AND THE BENCH.

This morning at the Besident Magistrate’s Court, on the introduction of a ease re the Licensing Act, Mr Thomas took occasion to make a personal explanation. He said that a few days before, when arranging for the adjournment of a ease brought by the police against a hotel-keeper, some remarks had fallen from him, and he had been sorry to learn that an impression prevailed that, in those remarks, he had impugned the impartiality of the presiding magistrate. _ He admitted that, when ho had a case in his charge to be dealt with under the Licensing Act, ho preferred to have any other magistrate than Mr Whitefoord to deal with it. He thought there was nothing wrong in that. It was well understood that both here and elsewhere there were Judges who took peculiarly severe views of certain offences. It was involuntary from the constitution of their minds, and not from any local or induced bias. It was natural for counsel to endeavor to obtain a hearing for their clients under as favorable circumstances as possible. The police had moved so as to have the ease heard before Mr Whitefoord, and he twitted them with believing that with different Magistrates there were different decisions. In doirg so, however, he had not the slightest intention to oast any reflection on the justice dispensed by the Bench, and he hoped that the explanation now given would be thought sufficient. Mr Whitefoord said that although he had made no remark at the time, he then felt muoh surprised that a barrister of the standing of Mr Thomas had thought fit to make remarks which reflected not only on himself, but on the gentlemen, his colleagues. He had taken the trouble to look up the records of the Court, and found that in only two oases had ha adjudicated under the Licensing Act. The oases were those of Mr Louisson, upon whom he felt constrained to inflict a penalty, and Mr J. O. Sheppard, who, in the interests of the public, received a judgment in his favor. It was difficult, therefore, to see what justification there was for Mr Thomas’ remarks. He had striven so to act with his colleagues as to prevent any marked diversity in their actions as a body, in order, in fact, to avoid giving occasion for such inferences as that drawn by Mr Thomas. He, of course, accepted the explanation now offered, but felt it his duty to give bis opinion in the matter in the same way that had been done by Mr Thomas.

Mr Ollivier, who occupied a seat on the Benoh, fully endorsed what had fallen from Mr Whitefoord, He was sure that all those who occupied the Benoh endeavored to frame their decisions harmoniously, as a whole, "so as to obviate diversity in them. For himself, his decisions were always given in accordance with evidence, without prejudice ; if be did otherwise he was unfit to occupy a a seat on the Benoh. He was glad to bear Mr Thomas’ explanation, it might lead others to follow in a similar direction, Suoh an explanation might prevent future complications, which at present it was very probable might arise. The case in hand was than called on, and the usual business of the Court proceeded.