ORIGINAL CORRESPONDENCE. To the Editor of the New Zealand Spectator. Wellington, March 26, 1846.
Sir, In your paper of Saturday last in a report of a trial " Scott*. Grace," you represent me as protesting in very warm language against the decision of the Judge in that case; and you describe the Judge as observing that it was very indecent in an advocate to impugn the decision of the Court in such intemperate language. In this statement your Reporter has fallen into an error, the more noticeable, since it contrasts forcibly with the accuracy of other portions of the report. I did not protest against the unfairness of the decision, but against the unfairness of the proceeding of the Judge in deciding against my client, without giving me an opportunity of being heard. In fact, I guarded myself against being supposed guilty of the error which your report would attribute to me, by stating that I must accept as law whatever the Judge might decide to be so, but that I claimed on the part of my client a right to be heard before any decision was made. And even now I retain this opinion. I still think that it is more fair on the part of a Judge to abide by the rule of hearing both sides before deciding, and that it is the duty as well as the right of an advocate to protest warmly against any violation of that rule. I must be judged by those who heard me, whether in any degree I exceeded those bounds by which the expression of my feelings should be restrained. A.s my object in writing was merely to correct the error into which your Reporter has fallen, T might stop here ; but I may remind you that the maintenance in its fullest degree of the freedom of speech on the part of an advocate is no mean guarantee for the preservation of the rights of individuals and of the public. In this light I have ever regarded it ; and so long as I continue to act as a Barrister, T will acquiesce in no proceeding by which that right may be infringed. I anij Sir, your's, R. Davies Hanson.
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New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 77, 28 March 1846, Page 2
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368ORIGINAL CORRESPONDENCE. To the Editor of the New Zealand Spectator. Wellington, March 26, 1846. New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 77, 28 March 1846, Page 2
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