BREEZE IN COURT

Hauraki Plains Gazette, Volume 52, Issue 3254, 19 April 1943, Page 3

BREEZE IN COURT

CONSTABLE SENT FOR INCIDENT AT MATAMATA COUNSEL ALMOST ARRESTED The tedium of a lengthy sharemilking dispute involving trivial amounts in two claims and counterclaims was suddenly banished in the Matamata Court recently and an electric atmosphere created in a flash when the presiding Magistrate, Mr W. H. Freeman, and one of the counsel in the case, Mr G. G. Bell, came to grips in a heated argument during which the constable wai called and counsel threatened with arrest.

A certain receipt had excited the interest of the Magistrate and the other counsel in the case, Mr B. W. Bell, which case was marked by the forced production of an unstamped document and the production of other receipts for wages without Social Security stamps. Mr G. G. Bell objected warmly to any suggestion that the particular receipt in question was faked anjd proceeded to elaborate the point. Reply Not Wanted

When asked to desist and sit down Mr Bell held his ground and said he had a right to reply. His Worship: I don’t want any plyMr Bell: You asked me to sit down. You questioned the receipt and said it was forged. His Worship: I didn’t say it was forged. Mr Bell: You said it was a faked receipt. I am astounded.

His Worship: It was you who said it was a forgery. Not me. Mr Bell: I have a right to protect myself and my client. ' His Worship: And you are going to do it courteously and without any rudeness. How did . you present the receipt to the witness? Mr Bell: Perhaps I should not have done it that way; but you are not justified in giving a decision on the receipt.

His Worship: According to 'you 1 would not be justified in giving a decision in the case.

,Mr Bell was replying warmly when he was ordered to sit down. As counsel continued to state his case on his feet, he was ordered four times to sit down and keep quiet or he would be arrested for contempt of Court. “Chipping In”

On the clerk of the Court being sent for the constable, the Magistrate continued: “-Directly I open my mouth you, to use a colloquialism, ‘chip in.’ When I start to speak you must immediately stop. You are not the only one to defy the Bench, and to again use. a colloquialism, ‘butt in.” It is not courtesy to do so and that is what I referred to when I commented on rudeness. When a Magistrate speaks counsel should step aside and listen. I object' strongly to any attempt to gag the Bench.” Calm followed the storm as quickly as the latter had arisen and the case again proceeded on its dreary way, with Constable /Dunn standing at ease in the shadows.