All Sorts of People

Free Lance, Volume III, Issue 112, 23 August 1902, Page 3

All Sorts of People

A LEARNED FRIEND

HIS Honor, Mr. Justice E. T. Conolly, whose photograph appears in this issue, and whom Mr. W. L Rees is petitioning Parliament to remove from the Bench, on account of his eighty years, is still a hale and hearty old gentleman. Mr. Conolly is the son of Dr. John Conolly, the great English authority on insanity. Mr. Edward Tennyson Conolly entered the Inner Temple as far back as 1849, and was called to tke bar three years later. He practised in England for thirteen years, and in 18bo came to New Zealand, settling m Picton. He represented Marlborough in the days of Provincial Governments, and became an M.H.R. for Picton under the general Government in 1881. • • • He was Minister for Justice in both the Whitaker and Atkinson Ministries, and afterwards became Attorney-Gene-ral. He has been, a Supreme Court judge for thirteen years, and has had an extensive career of "crime.' Judge Conolly attributes his robust health to regular living, and hard work. His sons have made names for themselves m the athletic world, and, like all young men of Irish descent, are thorough "sports," and know a horse when they see one. The faculties of the learned judge appear to be bright, but age has made his speech occasionally a trifle incoherent, and his temper is not always as sweet as it once was. * * ♦ Mr. W. H. Bennett, who has secured the important task of building Wellington's Customs House, is a well-known builder and a Welhngtonian by birth and training. He was born in the city just over forty years ago, and served his time under Messrs. Halley and Ewing. The laigest contract he has previously carried out — that of the Consolidated Dental Company's buildings, which ran into some £6000 — fades into insignificance compared with the big job he will undertake in constructing the Customs House, Mr. Bennetts tender running into £32,000. Mr. Bennett is, and has been for some time, secretary of the Wellington Builders and Contractors' Association, and he is in Auckland this week as the sole representative of the Empire City at the annual conference of delegates from the Builders' and Contractors' Associations of the colony ♦ * * Mr. H. J. Greenslade, a candidate for the Waikato seat in the House of representatives, has had a career worth chronicling. Time was when the present wealthy farmer of Pukenmu hawked milk' on. the Thames, and tended cows. He became a "devil" on the Thames "Star," and afterwards the little man became editor of that one-time flourishing mining organ. He was a keen speculator, and when he amassed enough money he put it into the solid "specs" that abounded, and came out on top., Subsequently, he bought the "Advertiser" in that town, and the fact of it being filled every day with costly mining advertisements did not rum him - He stood for the Thames at the last general elections, but his usual or Oo d hick did not follow him. He tripped Homewards and sent four-column letters to the "Advertiser" at short intervals. With the bursting of the Thames "boom," he went on the land with what he had got out of it, and bought

a Waikato faim and is an authont^ on things in general Success has dogged the small, spare louinahst s footsteps, and if the Waikato people aie wanting a change, H. J. would be iust the man to give them quite a new Uno in political platforms. Mr. Edward Rees, who has just been admitted, to the Transvaal bar, is a lestless young New Zealander, who wore his 1 eyes out by study, and passed the barristers' examination at twenty-one . He was not quite sure, during the few years subsequent to the said passing, if he was cut out for a farmer or a barrister, so he tried the Upper Thames mining "boom," and stuck out his le^al shingle in Paeroa. In spite of his spectacles, he worked manfully to -et into the Hotchkiss Battery attached to the 2nd New Zealand Contingent, and ultimately succeeded. On trek. Edward always had a book, and might be seen riding one horse, leading three others, and reading the latest "Strand" when the bullets were knocking chips off the surrounding country. * * * He oame back to New Zealand still unsatisfied, and wanted to go back to his bullets and his "Strand Magazine." His eyesight again proved a stumblingblock. He was not to be beaten, however and ultimately obtained a commission with a later regiment. Perhaips he will stick to law now . It is a safer line than reading "Strands" on the warpath. * * * The beautifully-laid-out grounds of the Newtown Public Library make an oasis in the suburban desert for those whose ride on the trains takes them past the beauty-spot. To many people the turfed lawns and banks and tree-and-flower-planted beds, come as a very great surprise, and the whole ground bears something of an enchanted look "Did this spring up in a night ?" one Thorndonite asked her friend the other day. "Oh no," was the reply, "that represents much patient labour and skill in the art of gardening." Naturally the other-end-of-the-towner wanted to know "Who did it ?" The Newtow n friend did not know. That ci edit is due to Mr. Glen, headgardener for the Corporation. Mr. Glen, who has had English experience, and who was in charge of a staff of fourteen gardeners m Earl Clanwilliam's gardens, has not been long in the colony, and a still shorter time in the Corporation's employ. But he has already done splendid beautifying work in various parts of the city as well as in Newtown. By the way Mr. Glen, when will you give Wellingtonians a sample of your skill in the art of carpet bedding ? * *■ * v If you have been permitted to hear a speech from Mr. W. Branmgan one of the six candidates for the Newtown seat, you will admit right away that his proper place is in Parliament. Mr Brannigan takes a guide, say a picture on the wall, or a sun-baked fly, and he will give you his history, political platform, and anything else you care to hear about in extenso if you have a few hours to spare from the carking cares of office. He is a horny-handed plumber is "Bill," has been a "sport" of the deepest dye. all his life, and has enough medals and trophies for running, fireextinguishing, and such like to bear him down with their weight. * * * He is- a boyish-looking candidate is "Willy," but he is more than thirtvseven. His chances may be materially increased by this information He has been asked to stand for the City Council, he says, but he placed his duties as fireman before anything, and refused to be an ameliorator at the time of the citizens' anxiety. He has propounded many schemes whereby water can be conserved, and fire extinguished

in the cheapest -nay. The Melrose Borough Council was exceedingly glad when it was told it might annex William's brains' for the purpose of water conservation and fire extinction, but then, itself having been extinguished by Wellington, it does not now want any separate scheme. Mr. Bramnigan has had municipal experience as water inspector, is a member of the Kelburne School Committee, anid a man who considers himself not at all where the interests of Newtown are concerned. His modesty is not as pronounced as is the modesty of Mr. Crewes who wants to* see the man who knows more about anythino 1 than himself, but, as he is really serious about trying his hand at politics, he is storming the "imminent, deadly breach" with the same determination that has won him several hundredweights of trophies in the fields of fire and sport. The death of Mr. J. T. Jury, at Taumata, a week or so ago, removes a colonial whose memory took him back to pre- Victorian days. The hardy pioneer was bora in 1814, and landed, in cannibal tames, at the Bay of Islands. He deserted the ship "Thetis," and had various kinds of experiences as a consequence. Captured by the Maoris, he and a mate saw themselves in fancy frizzling for a Maori meal, but it transpired the Maoris were holding them as valuable property, easily exchangeable with British ships for gunpowder ! •* * * The ships did not come along nuick enough, and the pair pined in a Maori whare until they thought of digging themselves out and escaping. They found out Missionary Mair, father of Major Mair, native judge, and he treated them with much kindness. There was no Auckland in those days, the capital or whatever you like to call it, being Russell. Mr. Jury went to sea in various vessels, returning to the mission station as his home. •* * * He "whaled" for a living for years, and then started a timber yard ait Nelson. Then, he took to the sea again, and made money trading with the Maons. He married a Maori chieftainess of the Ngatikahungunu, and settled on what is now known as Jury's Island. Later, he bought the Glendower Estate which still belongs to the family. One son is native assessor at Wanganui, and Mr. C. J. Jury is now in possession of the Glendower Estate. A daughter married Mr. Joseph Oates, of Taumata. * * * The trial of Mrs. Harriett Drake, of Otaki, in the 1 Supreme Court last week, on the charge of having caused the death of her eight^year-old daughter Dorothy through severe whippings, created more than usual interest, not only m the Otaki and Manakau districts, but in Wellington City also, though it may be saad the parties in the case are str angers here. Wonderment arose when it was seen that Crown Prosecutor Gully wasi not leading the case against the accused. "Why isn't Mr. Gully prosecuting?" was the question asked throughout the hearing of the case, even by habitues of the court precincts. The fact, as some few persistent inquirers found out, was that during the past twenty years Mr. Drake, husband of the accused woman, had been a client of Mr. Gully's firm (Messrs. Bell, Gully, Bell, and Myers), and the consequence was that Mr Gully would have violated all precedent in taking; up the case for the Crown under the circumstances. • • • Mr. Gully, as Crown Prosecutor, handed his brief over to Mr. Gray, who ohose Mr. Herdman as hisi junior counsel, the latter taking up his 1 brief at very short notice. The defending counsel were those two highly skilled

criminal lawyers, Messrs. Charles Skerrett and Tom Wilford, the latter being junior counsel in the case. Mr. Skerrett was the best>-equipped of the four learned gentlemen engaged, for he had watched the case for the accused when she was before Magistrate Greenfield, ait Otaki. » ♦ » The development of the trial showed that Mr. Skerrett— who is noted for his conscientiousness in any case he takes up — had been wonderfully well coached upon the medical phase of his defence. He talked with the greatest apparent ease upon the contents of Dr. Brouardel's expert work upon "Death and Sudden Death." As this little-known-out-here book of the director of the Paris Morgue is a quite recent translation Mr. Skerrett proved himself thoroughly up-to-date. "" * * * It was when Mr. Skerrett had Dr. Power under cross-examination in the witness-box that he displayed his skill in manipulating "swatted knowledge." He literally threw the jaw-breaking contents of legal-medico text books at the Otaki medico until the latter — just upon lunch-hour — had to own himself exhausted, and temporarily knocked out of time. "I am feeling ill, sir," said the doctor to Judge Edwards, when pressed to answer a knotty question from counsel. "So is Mrs. Drake feeling ill sir!" snapped Mr. Skerrett, "and she will not recover unless you give me a plain answer to my question !" Tien counsel, taking pity upon the doctor, added "Well, if we adjourn now, perhaps Dr. Power will feel better after lunch!" And when the hearing was resumed in the afternoon, the medico was something like himself again, but he did not feel really at ease again until Mr. Skerrett had finished, and Mr. Gray said "You can. go, doctor!" * * * Dr. Olay, who followed, was not as potter's material in the lawyer's hands, however. This young medico, who is in charge of the Otaki Hospital — that institution which had for its first medical officer the able gentleman who now controls our Health Department (Dr. Mason)— was of the dark-complexioned, spare, self-possessed type. Dr. Power is fair, florid, Celtic, and excitable. Dr Clay was sure of himself, knew exactly where he was, and seemed to know his opponent — for a cross-examining lawyer must be taken as the sworn enemy of the genus witness. There appeared to be times when the young medico was slipping, and Mr. Skerrett's expressive face would begin to show the Skerrettian smile of triumph. « * • But, that smile was stopped at the initial stage as the doctor gripped himself and the witness-box hard, and his lips became a straight, determined line. It was observable that the lawyer was not so ready to fling medical terms at Dr. Clay with the freedom with which he had thrown them at the previous witness. No more was heard the question • "Are you familiar with haemophilia?" or: "Do you agree that this was a case of subcutaneous haemorrhage, or is the hypothesis incorrect?" * * * Another medical gentleman with whom Mr. Skerrett dealt even more gingerly was Dr. James, of Wellington. This expert medico is one who would cause Captain Kettle to exclaim: "By James ! but he's a slap-up-to-date encyclopaedia, sir!" And Mr. Skerrett would endorse the KettJeian sentiment, for the doctor was "armed at all points" for the wordy fray. Be it Dr. Tidy's legal works, or any other recognised authority, or text-book pertaining to the profession, Dr. James was familiar with quotations therefrom, and could even tell Mr. Skerrett wherein he would find that the whole context did not bear out the lawyer's quotation. * • • He was familiar with haemophilia, and was more firm in his professional opin-

ion that the disease was peculiar to males only than was the lawyer in his contention that it was to be found in females also. Even Crown Prosecutor Gray, who had called Dr. James, had to tread very gingerly over the leealmedico ground over which he was endeavouring to lead a man who knew the track better than his leader. » ♦ • An interesting witness in the case was Mrs. Jenkins, of Eltham 'Taranaki), who, as sister-in-law to the accused, was a member of the Drake family. Mrs Jenkins has a host of friends and onetime neighbours right, up the Manaw atu from Johnsonville to Ma/nakau and Otaki. She it was who took the unfortunate little Dorothy away to her own home in Taranaki for two and a-halr years and, as her own family ot five boys and one girl were grown up and out of hand, would have liked to have adopted the little one for all time. * * But it was not to be, for she had to send Dorothy back to Otaki in t ebruary last. Mrs. Webber and Mis. Rickard, other witnesses, were former domestic servants of the Drakes Mrs Weber was a comely half-caste and very intelligent. Mrs Rickard— who seemed "ower young tae marry vet — gave her evidence with a nervous smile, and in an uncertain manner altogether different from that of the Maori -irl « • • The remarkable feature of the evidence submitted in the Drake case was the larp-e propotion of women examined A propos. Mr. Wilford drew the jury's attention to this fact, and vet, strange to say, the witnesses for the defence were nearly all women. And vet Mr. Wilford cautioned the iurv against taking: the evidence of a w oman seriously' He argued that man was open to conviction, because he reasoned with his head , but woman reasoned with her heart— which was impregnable. Among the witnesses called bv Mrs Drake's counsel was Miss Bicknell, who' was garbed ais a hospital nurse. And such she is, being on the start ot the Nelson Hospital Formerly she had acted as governess to the Drake children for a year. She was a selfpossessed witness. * * * But Mrs. Barraud— an Otaki girl, now residing in Tinakon-road— was not at all comfortable under the gaze ot the big audience. In fact, as Mr. Skerrett confessd, it was with great difficulty that she had been induced to appear in court. It was only her very strong friendship for Mrs. Drake— who was her next-door neighbour at Otaki for some time— that finally decided Mrs. Barraud in screwing up her courage to face the ordeal. Mrs. Rees— a mother of five, and who had been the nearest neighbour to Mrs. Drake in the Waikawa district — was not. very comfortable in the box at first. But, when Mr. Herdman began to get in some I-want-to-know cross-examination business, well^-Mrs. Rees then thought she could about talk on level terms with a nice young man like the junior counsel for the Orown, and she grew somewhat happy. . » . Miss Greeks, an Otakian seamstress, who has the misfortune to have but one leg, and gets about with the aid of a crutch, had some pressing and awkward questions put to her in cross-examina-tion by Mr. Gray. But, though "Tilly" took aJ long time in making ut> her mind to answer the "teasers" — for the inquisitive counsel wanted the girl to recollect something which it had been said she had said to someone who had said it to Mr. Gray — she got in responses w Inch did not bring smiles to Mr. Gray's face. The learned gentleman failed to read his Greek correctly.

Mrs. Hayes, a one-time servant of the Drakes, was the weightiest witness put in the box for the defence. It would be ungallant even to guess at her weight. She was most decidedly "from the country," for, though ail witnesses in the case had been directed to keep out of the Court, and out of hearing of what took place within, she had spent two days m the ladies' gallery. She naively told Mr. Gray, whem making this admission, that she did not know she had done wrong. It was unfortunate for her that she is so conspicuous, for a large, comely woman, wearing a green dress and a Prmce-of-Wales ; feathered hat, cannot lean over a gallery without being observed bv the roving eye of counsel. * # * Miss Bird, another of the witnesses who had nothing but good to say on Mrs. Drake's behalf, uas a bright, pretty, I-know -my -own-mind sort of girl. Not a few admirers were astonished to hear that this stylish-looking, petite girl was a oook but were sonie- \\ hat consoled to learn that she was controlling the kitchen of a house in the best part of the city But the face plainly intimated that this was one of our most modem girls, and there was a decided no-follower-allowed look ivon it. * * * There was much stir in the Court shortly after 2 o'clock on Saturday afternoon, when Mr. Skerrett called, "Mrs. Drake." The accused had sat quietly in a corner m the dock throughout each day, heavily veiled. At each of her entrances' and exit® there had been much craning of necks to get a glimpse of the unfortunate prisoner, who was escorted in and out with treat care by her husband. When Mrs Drake was sworn, she had to unveil, and, for the first time since she had to come under public gaze, she had to show her face. Although they could see, the open-eyed, eager-gazing women in the gallery did not get the satisfaction of hearing, for even the persons sitting on the floor of the Court, nearest to the witness-box had great difficulty in catching Mrs. Drake's responses, so low-pitohed was her voice. Mr. Skerrett's ears were much the keenest, and he followed her answers very closely and clearly. Altogether, Mrs. Drake was three hours under examination , the time being equally divided between Messrs. Skerrett and Gray, and she was self-possessed during the whole time 1 . * * * Mrs. Drake was the. last witness examined. The whole of Monday's sitting of the Court was occupied in hearing addresses of counsel, and the summing up of Mr. Justice Edwards. Mr. Skerrett's final appeal to the jury was a fine, well-thought-out, carefullyplanned, argumentative address Tt was one of the best efforts of pleading Mr. Skerrett has given the Court on

behalf of a client. He did not lant or beat the air, but gave an address winch contained ail the elements for such a case — the raising of doubts in the minds of jurymen, with the plea to "give the prisoner the benefit of the doubt" as a peroration. # ■* -T After Mr. Skerrett's ninety-minute speech, came Crown-Prosecutor Gray's solid, matter-of-fact, convincing review of the evidence. There was nothing ornamental about Mr. Gray's closing address. It was not even a forensic effort. But, it was a telling speech. The elaborate theories which the defence had ingeniously built up were ruthlessly brushed aside like a house of cards. Mr. Gray touched a chord hitherto mute, and one which many people who had followed the case closely were listening for, when he said to the jury that the whole story of the day's doings in the Drake, household had not been told. What happened between the time w hen Tilly O'Connell left the house to go to the dance, and the putting of little Dorothy in bed to die, was 1 know n only to the accused and her two daughters. Mr. Gray finished his forty-minute speech in the plain style which had marked its entire dehverv. * * * The last effort of all was that of Mr Justice Edwards, who had taken copious notes throughout the trial. Mr. Edwards is an exceedingly conscientious judge — fair and impartial, giving the closest attention to the business in hand, and getting a comprehensive grasp of the situation. He is no ora,tor, and makes no effort or claim as such. Fact is fact, and very solid at that, in his opinion. Like the Crown Prosecutor, the Judge was brief, and occupied only forty minutes. * * * At 5.30 o'clock, just two' hours after the jury had retired, word came to the judge that the jury had agreed upon its verdict. Shortly afterwards, Foreman Wilson led in his eleven "good and true men." At this time, as, indeed, throughout the whole day, the courtroom was packed in every part with spectators. The silence was intense — the atmosphere was dense. "How say yotu, geintlemen, is the prioner at the bar guilty, or not guilty?" The formula was put to the foreman by ActingSheriff Hawkins, in a strained voice. "Guilty I" said the foreman, referring to a slip of paper in hisi hand. Immediately, a half-uttered "Hurrah'" burst from several women in the gallery, but a sharply-uttered "Silence!" from several policemen strangled the unseemly cry in the throats. "Guilty of manslaughter," went on Foreman Wilson, "with a recommendation, to mercy, Your Honour!" "Very well, gentle>men," said the iudge, who them glanced coldly at the ladies gallery, and chided the women for their unseemly behaviour.