HEATED ARGUMENT

Hokitika Guardian, 22 November 1928, Page 8

HEATED ARGUMENT

COUNSEL TAKEN INTO CUSTODY

MAGISTRATE'S ORDER

WELLINGTON, Nov. 19

Heated argument during the course of a civil case at Otaki recently led to a sensational turn by an order of the Magistrate that counsel for defendant be taken into custody until the rising of the Court. The case arose out of a claim for certain payment in respect ol (he racehorse Land Rent, the claimant being Frank TTiggott, horse trainer, of Otaki. and the defendant AVilliam O’Brien, butcher, of Unworn. Air Dunkley appeared for the plaintiff, •md Mr L. A. Taylor, of Hawern, for the defendant It was after a lengthy examination of the nlaintiff by defendant’s solicitor that the Magistrate. Air J. L. Stout, drew attention to the time being occupied bv counsel for the defendant. According to a report of the ease, Air Taylor interjected and the Magistrate remarked, “Will you keep quiet, Mr Tavlor. and not argue with me?” Counsel: Please be patient, sir. The Magistrate; I am very patient. Ask direct questions. Counsel: He is a. difficult, witness. I don’t want to reveal my defence Can’t you take a note of what I wish, please ? The ALigistratc: I’ll do as T please, and won’t be dictated to by you. Keep quiet. Counsel; f can’t till I’ve finished. The Afagistrate: Sit down I Counsel: I can’t. The .Magistrate: Sit down. 1 say. Counsel: All right. Perhaps we can now proceed. Shortly afterwards, when counsel was requesting witness to answer questions, the Magistrate ad\ ised All Taylor to proceed, and not waste the time of the Court. Mr Taylor: 1 know who is taking up the time of the Court. AY it u css • A ou are Counsel on both sides were at loggerheads when Afr Dunkley remarked: “AA'hy ask irrelevant quest finis?’ Air Taylor: Alind your business. please, Afr Dunkley. Air Dunkley: Your questions are absurd. AVitness has explained matters. The Alagistrnte. (to Air Tnvlor): Ask direct questions, and we will get on quicker. Some further progress was made, when a remark by Air Dunklcv " a ' followed by n request by Air Taylor: “AYlll voil please hold votir tongue. Air Dunkley.” Mr Dunkley (wearily): Oh! AD- Tavlor: Please, for Heaven s sake, don’t badger me any more. Air Dunkley: You’ll he a nervom wreck before you’ve finished. Get on with votir examination. With a little further interruption ihe ease proceeded, hut later in the T.y, when defendant was being exam hied, matters again became heated t“ Hie extent that the Afagistrate too'drastic action. Interruptions wer •nude by plaintiff, who. on being m funned 'bv the Afagistrate that if hdid not keeii quiet he would have C outside, responded with, “Than-' von. vour Worship,” and on the advice of his solicitor left the Court Another interruption by Air Tayhw ■md the Afagistrate again request*' i, im to sit down. Afr Stout adding“T don’t know" where you have hem trained. If you led been trained I lie same Court as T va'-. .'o i * not behave in such a manner. Afr Tavlor: Thank von. sir. O-.ce again Air Tavlor was adv-e----l,v the Afagistrate to keep quiet, “oi he would lie up for conte'-pt '• Court.” He was also told when a' dressing the Court to stand no. Mr Tavlor submitted that the Ala" istrate was arguing with him.The Afagistrate: AYill you behav yourself? Afr Taylor made a further internt ion and was told to apologise Vavo the Court. Mr Tavlor; No. I will not amdogc-e. The Afagistrate: Leave the Court. Afr Tavlor: It is most improper. The Alagistrnte (to Constable Satlierlev): Take Air Taylor into eusto--and keep him there- till the rising o the Court. . Afr Taylor thereupon left, saying he did so with pleasure. ■When the defendant had finished lus evidence, he asked if his “ounsel could come into Court again and was told >y the Afagistrate that he could » u> apologised. The constable, after interviewing the defendant’s solicitor, stated tk AL Tavlor would not do so. m solicitors present thereupon requests the Afagistrate to give them permission to interview Air Taylor, and tins was granted. -Some minutes later tliev returned, as did Air laCoi, '' apologised. The Afagistrate said tint lu> regretted the occurrence, but pomi*,l out that a solicitor should not try to talk a Afagistrate or n .solicitor down. “I accept your apology, said Afr Stout, S.AU. “and trust you wifi understand that I have done my best in the matter. 1 have no wish to he harsh.”