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South Canterbury Times, Issue 2343, 20 September 1880, Page 2

The retirement from the bench of one of the oldest and most popular District Judges and Resident Magistrates in the colony must excite in those parts of New Zealand that arc remote from Otago a good deal of surprise. This .surprise is not likely to be lessened by the alleged circumstance that Judge Bathgate’s judicial exit is not a voluntary act on the part of His Honor. Since the day that Air John Bathgate in the exercise of his political privileges elevated himself to tlie judicial chair up to the hour of ids retirement, his wisdom and rectitude have elevated his decisions above adverse criticism. They were invariably carefully prepared, and they wore models of sound common sense and legal acumen. Where law and equity failed to agree, Judge Bathgate never

hesitated to point out the anomaly. A nmre painstaking, deliberative, and fairdealing judge and magistrate could hardly he imagined. So straightforward, yet elaborate were his judgments, that, oven the losing side could not help coinciding with his views. An appeal from his decisions was rarely made, or when made was still more rarely successful. He spoke slowly, correctly, and his decisions, generally prepared and written out beforehand, would, if published, form a valuable commentary on the statutes of the colony. Oil; the Bench, in private life, Jtis Honor has been one of those men whom to know is to esteem. Unobtrusive, genial, kind-hearted, selfdenying, his excellencies and virtues were as transparent as his faults were obscure. The libraries and newspaper of the cohmy attest his merits as a writer and author, while from the social platform his eloquence shines as conspicuously as Ids wisdom has done from (he bench. And yet, as lie admitted himself in his farewell address to the liar, his retirement fiom the Bench has not been brought about in a manner altogether satisfactory. Those who ought to he well acquainted with the circumstances attribute the catas. trophe—if such it may he called —to an unfortunate combination of events which a sense of delicacy almost prohibits ns from alluding to. Judge Bathgate, it is generally believed, has been the victim of the imprudence of others and no faults of his own. it is a common thing for Judges in the colonies to have family relatives practising under them, and so Jong as the young barristers exorcise a Utile judicious restraint no exception is usually taken to the relationship. A few years ago the suggestion offered in a Victorian Court one day to the son of Judge Williams—•“ Keep your eye on your father and he’i! carry you through ’’ was a standing joke among the profession. Judge Bathgate lias had a

member of bis family practising under him in Dunedin fur years, but the gentlemen we refer to inherits the unobtrusive virtues of tiie Magistrate, and he is too amiably disposed to wantonly trespass on the patience or temper of his fellow practitioners. Mr Denniston, a a young and ambitious member of the profession, since be commenced to practice under his father-in-law has been in the habit of displaying far more talent than tact. Proverbial philosophy says that “ familiarity breeds contempt ” and it is probable that Mr Denniston's newly acquired relationship did not add to the gentlemanly deference for bench, bar, and clients, which professional etiquette* is supposed to exact. As a fact scenes more exciting than creditable, have occasionally 7 been enacted beneath the eye of the father-in-law. How Judge Bathgate’s principal failing is a physical one ; he suffers from partial deafness, and whether or not the change has been due to family relationship operating like a telephone, it is alleged that Judge Bathgate has turned a ready car to the son-in-law, when his organ of hearing has been impervious to the arguments of legal outsiders. The result has been a growing dissatisfaction and broad allegations of nepotism. From those Mr Bathgate has not been slow to defend himself, and he has vainly endeavored to silence his detractors by pointing out that his decisions have rarely or never been successfully appealed from, and that his conduct as an administrator of the law has been above suspicion. But the fact that His Honor’s character as a law-giver was acknowledged by the bar to be unimpeachable, failed to allay the widespread sense of injustice, which was stimulated by the anxiety of clients to secure the services of the son-in-law. llightly or wrongly the other members of the profession believed that their business was prejudiced by family tics for which llis Honor was probably quite irresponsible, and every possible opportunity for exhibiting their grievance has eagerly been seized. Mr Denniston lias a reputation for being fond of litigation (quite a pardonable thing to be sure), and the Dunedin press with a wholesome dread of the law of libel has been unable to speak out its mind freely on behalf of the vulture species. But more than a year ago when Mr Mans ford was removed to ‘Wellington, the discontent of the bar found tolerably plain expression for Mr Hansford was lauded and ids loss deplored in terms that bore a pointedly uncomplimentary reference to Mr Bathgate. Shortly afterwards His Honor obtained leave of absence for the purpose of visiting his native land. During ids tour in Scotland, Mr Bathgate's judicial seat was Idled by Mr W. L. Simpson, Ids present successor, and the bar breathed freely. As an immigration lecturer, Mr Bathgate did much to fascinate the sturdy Caledonians with vivid and brilliant pictures of the new land of his adoption, but he committed the grave blunder of lending his name to an investment association. This was eagerly seized upon as a good excuse for raising a howl of indignation, and when Mr Bathgate, a few weeks ago, returned to Dunodin, he found himself more bitterly assailed than ever. Although he has retired from the Bench, it is not at all probable that Mr Bathgate has retired from public life, and the fact that, had he boon qualified as a ratepayer, the citizens of Dunodin would probably have this year

made him their Mayor, shows how high he stands in the public estimation. Judge Bathgate’s eloquence, administrative abilities, and irreproachable judicial character, stamp him as one of the foremost men of his age,—as a gentleman who does credit to the land of his birth, and one whose presence and counsel are of in Unite value to the colony.