PROFESSIONAL AMENITIES.

Nelson Evening Mail, Volume XIII, Issue 170, 16 July 1878, Page 2

PROFESSIONAL AMENITIES.

Under this heading the N. Z. Times of Saturday last gives a lengthy report of what it calls " a renewal of the lamentable exhibitions of differences of opinion which prevail in the Supreme Court in Wellington." From this we make a few extracts. The case being heard was that of Doherty v. the Board of Education, and the presiding Judge was Mr Justice Richmond: — A few minutes after the proceedings commenced, Mr Gordon Allan objected to a question put by Mr Barton to a witness, and in answer to his Honor, who [thought the objection was made rather prematurely, said that he feared the witness might answer, and the matter would then he before the jury. Mr Barton remarked -that there was no fear of that, for he left that sort of trickery to other people. Mr Barton was proceeding to make another observation, when his Honor asked him not to intervene, adding that the Court would, if necessary, direct the jury not to take the answer into their consideration if it had been wrongly admitted. Mr Barton then said the jury were obliged to find a verdict upon the evidence, and not upon the Judge's statement, and went on to say that these remarks made

ttftoaghoiit the ease ttefe very' unfafr. His MaHor told Mr BartGn. th&h if he mdde aach ftnijirfes fife ifaW tall, him 1 {« order; &r Battptt reWi'tecf &ih tfaese .comtilenia fn'ttde hitii lose the strongest fcas^ lie ever broiight tyfco a Court of Jjiyr. ,He lost it through that sneering.— His! Ifbnof sa'id; These retiiarks ate iiiost Improper; If X wer.e willing, or anxious, to take offence, which lam not, I should treat it at once as a very grave matter; I, treat it jfqr.wnaji.itis tyorth, and tjiit i8 nothing. I wjsh to iiiln a deaf ear to these, foolish remarKs. Sow, go on with your business, Sir, if you please. — Mr Barton : ( Exactly! I will, If in the course of my ' business your ttonpr makes, remarks which pu'gh't not to be ,made.by the Court, I will tell you so tHrojigliotit the pieee,--H*B Honor; If you do that it will be a gross contempt of Court, and if it were worth heeding Mr I Burton: I will not say anything more about j it.— His Honor: 1 tell you don't say anything more about it, or I shall treat it very severely. — Further on, when the Judge was ruling as to the admission ;of certain evidence, Mr Barton i Please not to rule against me before you have heard me:— His Honor: t)o not interrupt die. Yoli do hot hear What is said. lam absolutely ruling in your favor, — Mr Barton: You are rutiug without hearing me.— His Honor: I must pay titter inattention to such ridiculous interruptions. — A few minutes latfer; in ji discussion as to whether another should be put, Mr Allan rose and said: Don't interrupt me when I am addressing the Court. If business* is to be conducted in that way one had better retire. — Mr Barton: The sooner Igo away the better— Mr Allan: I think so, too.— Captain Williams fa juror): Hear' hear. (A laugh.) —Mr Allan: Indeed, I think so, too. — Capt. Williams (emphatically): Hear, hear. (More laughter.) - Later. Henry Anderson, editor of the Ecenhig Post, was called. Mr Barton: What meaning did you put in your o>vn mind on the words, " dismissed for gross misbehaviour?"—His Honor ruled that the question could not be put.— Mr Barton: I will argue that. (After a pause.) No, I will not. I seem to have disgusted one of the jury by trying to get ewidence in, aud I won't lose the other eleven.— Some time later: Mr Barton: Your Honor has rule! out all the evidence that would guide the jury.— His Honor: It is not the fact that I have done anything of the sort. The count I that is going to the jury is the second. Ido I not think you hear properly, Mr Barton, for it seems to me your answers are cross answers in every sense of the word. (Laughter.) They do not apply at all to what I say. They have no application— Mr Barton: They apply always to what your Honor means.— Hia j Honor: You are a miraculous man if you know what I mean better than I know my- | seif. (Laughter.)— Mr Barton: I do, your Honor. I have come to know it. (Laughter.) —His Honor: I hare told you what I am going to do. Will you, Mr Allan, address yourself to the count which I think raises the questioii to go to the jury.— Mr Barton: I do not intend to confine myself in my address to any count. —Mr Allan. — I shall object. — Mr Barton: I have given evidence upon every count, and I will address the jury on every count. When your Honor comes to charge the jury you can then say to them what you like. — His Honor : If you do it will be grossly disrespectful to the Court. The English law allows very great freedom of speech to the Bar— now be quiet, Mr Barton -and in no degree am I desirous of interfering with that. The law allows immense freedom of speech; but it is upon the supposition that the Bar are gentlemen who know their duties, and will coafine themselves to their duties, which they will discharge honorably and in a spirit of respect aud deference to the presiding Judge. If you do not do that the remedy may be difficult to seek; it may be irremediable. (To Mr Barton, who was speaking.) : Now, be quiet, Mr Barton, until I have done. I would much rather err upon the side of giving too great liberty than of giving little. If you attempt to address the jury upon counts after I have ruled there is no evidence upon then, you will be quilty of a very gross contempt of Court. —During the course of some of Mr Allan's remarks he referred to Air Bartou as " my friend, at least, learned counsel."— Mr Barton : Is it right or proper, your Honor, that Mr Allen should say " my friend," and then "at least, learned counsel."— Mr Allen: You told me yesterday that was the way to call you. (A laugh.)— His Honor : It rises from the regrettable differences between members of Bar.-Mr Barton: Outside, he may say what the ho likes to me, with the usual consequences. If he says it at the top of the Club stairs he knows what will follow. (Laughter.)— His Honor : It is impossible for me to conduct the business of the Court— at all events, in a proper manner. Where the fault may it is not for me to say; but a great public evil exists, and I must say that as far as I am concerned it arises in great part from the very bad understanding between members of the Bar themselves; because, without the assistance of the Bar conducting themselves courteously and like gentlemen towards one another— (Mr Barton : " You Honor ha3 laid that before")— it is impossible for the Bench to discharge its duties. In commenting on the above the N.Z. Times passes the following well merited strictures upon Mr Barton for his inexcusable conduct :— lf Mr Barton had been pleading in a Court in the backwoods of America before a magistrate sitting with his feet on the table, and who occupied himself by picking his teeth with a bowie-knife, whilst he occasionally " cleared " the learned counsel by a squirt of tobacco juice, the temper shown in his mode of dealing with the Court might be held to be unobjectionable, as being in keeping with the surroundings. But in the j Supreme Court here there are none of thase conditions or surroundings. If any wrong existed in the practice of the Court, for the redress of which Mr Barton was struggling, he would be entitled to and would receive support and sympathy; but we -cannot discover that there is such a wrong existing, or that he is moved by any other purpose than a determination to have his own way and, in that pursuit, to set the Judges on the bench at defiance. There is probably not on this side of the line an abler Judge or a more conscientious and honorable man than Mr Justice Richmond; and the public sense of propriety is offended by such undignified wrangling as that in which he wa3 forced to share by the action of counsel upon the late occasion. We feel assured that the people of Wellington cannot and do not approve of such proceedings, and that public opinion will sustain the Court in taking peremptory and severe measures to preserve order and dignity in the public administration of the law.