SIR ROBERT STOUT.

Hokitika Guardian, 24 June 1924, Page 4

SIR ROBERT STOUT.

TWUNTV-FJ.YK VIC A its CHIEF .] I'STICJC.

SO.ME IiK.MINISOKNCKS. A ITKI.AND. June 22

'I lie record uT twenty-live years on llie bench as Chief ,1 iistico of Now Zealand. which Sir Hubert Stout will complete to-morrow, places his Honor at the head of the list of legal luminaries that hare occupied this important position. As his Honor is at present in Am'lilnnd members of the local bar intend to offer their felicitations to Sir I’ohert at the Supreme Court on Tuesday morning.

Sir Hubert Stout is a Shetlander, and left Home for New Zealand sixty years ago, when lie was a young man of eighteen, As a hoy of thirteen he was earning his living as a pupil teacher, and he continued in the profession when lie arrived in New Zealand, holding Severn? nppnintmonbs in Otago. In 1807 he relinquished teaching for law and lie Mine pupil to a barrister, passing his examinations as a barrister on Julv I. 1871.

Some interesting matters were discussed by the Chief Justice in an interview this morning, lie said that SuSnpremc Court practice had marvellously improved since the passing of the Supreme Court Act in 1882, which put Now Zealand in the forefront of all tlie British possessions for simplicity and effectiveness of court procedure. The Chief Justice expressed the opinion that the people of New Zealand were better behaved than they used to lie. There was icitaiidv an improvement which was reflected in the diminution of serious crimes tlutl were formerly pi evident. It was true, said his Honor, that there had been an outbreak of burglaries and thefts but ho thought that crime was' relatively less than previously. The war. like othoi wars, was responsible lor a mental effect upon tlie people, and the temporary outbreak of crime was not unexpected, but he thought the wave was passing now.

The debated question of unanimous verdicts being required in criminal cases before a conviction can be obtained was discussed by Sir Hubert who declined that the first great reform that should lie dealt with in the trial of criminal cases was that unanimity of tlie jury should not be insisted upon. The present position, lie said, was ridiculous. It had to he remembered that in Scotland, where a jury consisted of fifteen, a hare majority "as sufficient, even where the charge was one of murder. Nor was unanimity required in France or Germany. or in some of the States in America. It was an English theory that there must he unanimity but in bis IlniioFs opinion it generally ended in justice being defeated. There had been eases tried two and three times where as to the guilt of the accused there could have been no reasonable doubt oil the part of any reasonable persons. Sir Hubert did nut suggest, as had I ten hinted c'sewhere. that juries could be '‘got at” in New Zealand, but iurios were fallible people and in his Honor's opinion lie did not think unanimity was necessary. Til the Dominion we had already abandoned the rule which bad been in operation in England for centuries of unanimity in civil eases. A majority verdict of nine against three was now necepied. and lie thought that even seven against live was sufficient, both in civil and in criminal ca-.cs. lie pointed out that tlieie v.a> power to order a new trial if a verdict was against the weight cl evideme. and

that was a .safeguard. ‘•There are scvoial evils in mu midst. One is gambling and another is <1 ■ ink.” continued the thief Justice. ‘lf we could gel rid of gambling and drink we could get rid of at least one-third of

our clinic, but our people apparently do not think an, ami the respuusihility re-ts on them. At lea.-t otie-thiid of

the 'timiiud.' who •time l.efoie the Prisons Board attrihine tie if failure t-> diioking. loit I think gambliiig is wor In the olden days there were fewer race meetings, and very little hook making. and they had not the totalisatof. which is simply legalised gambling. People went to rare meet-

ings then to meet their < 'nuns and to pass a. day of rcincmbrani e v. iih tlie'it. No v th'vv gi to the rates to galul.l.'. and not for ativ sport at all. for I do not call goniMing |«» 1 1. bill rat he,- the curse of -I ot t."

• | have not been to a rate meeting since 18.88." added Sir delicti with a • mile of .iitisfaetion.

Ti, answer to ii ipiery as to the status of tlio New Zealand liar. Sir Roliori expressed regret tlsnt it wits not comptilsury for all liarristevs to ipialdy li,v examination. [to thought that any limn worth his salt ooi'hl easily t|iialify. anil that tlio present method of becoming a liarristor liv virtue of the- fra t that a man had nractisc.l as a snlieitor for lire years had a tendency to Inver the ] rnfc* ion. The 'aii' i!yi\ mat'an of solirilar anil I arrister. which did not exist in Ki'.g!is!i and Scull ish colli Is. was a development which wax the result of lorn I eiivlllllstniiccs. and lie did not think It wax detrimental either to the public or to the lentil profession. There were always ceilain lawyers who specialised in various hranehis of law.

■Sir Robert who is hale and hearty despite his lone and silent.nils life, belongs to a family i|uite a timnher of whes.* meinl.o s have lited into the nineties. As a lad lie was. like all

Shetlander*, a lover of the sea. and he was never far from a limit. Ho wa.s a lonlhailer until he wan thirty years of age. and was president of the ITiiiui team in Dunedin, 'ihc climate of Southland he considered njdendid, and he jepeated a pi er ions statement of his own that Auckland would he better of a lew week's snow each winter. Southland would produce a vigorous race, and even .Mr .Massey had liven surf risej at tlio .splendid farms there.