COURT OR BEAR GARDEN?

Poverty Bay Standard, Volume III, Issue 211, 7 October 1874, Page 2

COURT OR BEAR GARDEN?

TO THE EDITOR. Sin, —For some time past I have been a quiet observer of the scenes which sometimes occur in our R.M.’s Court; but on Friday last I was considerably roused, and I really think we must ha ve reached the end of the lane. It is now becoming quite a common saying in Gisborne that whoever has got a certain counsel is sure to win, as he seems to be allowed, —or obviously takes—such latitude, so bullies in cross-examination, and so apparently influences the Bench, that it is useless to contend against him.

On first hearing this assertion I scouted it as absurd; but in spite of my sincere regard, and profound respect for the R.M. off the Bench, I begin to think there is something in it. Of all British institutions our Courts of Justice should be most jealously guarded; the amount of respect and deference due to the Bench should, at all times be scrupulously exacted; the slightest appearance of leaning towards either side; caused either by the eloquence, more forcible declamation, or overbearing tendency of one .counsel; or by the want of firmness, or apathetic indifference of the Bench, should be carefully watched ; and if those appearances are, on close investigation, confirmed by facts, every lawful, fair, and honest means, should be taken to expose and counteract such appearances of leaning, no matter from what cause they spring: Here is au instance of the manner in which a solicitor gets his own way. On Friday last William Benson sued A. F. Hardy for certain property detained; the question before the Court was simply “Whose is the property?” Now Hardy on some previous occasion had given Benson, who was his servant, into custody for being drunk aud disorderly or. the premises, and for using abusive and threatening language (offences which, judging by experience, I should say Master B is eminently constituted for committing.) Having said why he gave him in . charge, Hardy was asked by Benson’s counsel “What was the result of that charge ?” Hardy had forgotten, but his examiner would be answered. Hardy very rightly objected to the question as irrelevant to the case before the Court, and submitted it to the Bench, when the astounding discovery was made that it was relevant. I have since frequently thought the matter over, I hive also implored my friends to explain to me the relevancy of that question, but they can’t, and I now treat it as a conundrum. I perceived the object of the question directly it was‘put, and if I am right, the answer, if it had been different, was intended to be bottled up for future use.

Tlieu in the afternoon, a nice scene occurred; whoever before heard of a counsel abruptly addressing his learned friend with “Have you done?” “You never know when you 7«w>e done I” and then actual!; taking out his watch to time him. Is that proceeding what is called professional etiquette ? And then because the counsel so rudely addressed, remonstrated, and asks the interference of the Court, he is coolly asked by the offender “Whether he wishes to turn the Court into a Boar Garden ?” and the Bench does not interfere, but mildly says, “ Oh, he only asked you a question.” Mr. Editor, if this sort of thing is allowed to go on, all respect for, and confidence in, the Bench will be lost. I have a case coming on, my opponent has retained counsel so I must plead for myself; I shall be bluffed on points of law which I don’t understand, and with a perfectly just and upright case I may find myself Completely Jiggered.