Stratford News

Taranaki Daily News, Volume LV, Issue 101, 14 September 1912, Page 3

Stratford News

From our Resident Reporter. MUCH ADO ABOUT LITTLE LAWYERS OX ETIQUETTE. "I SHALL NOT APPEAR IN THIS COL'RT AGAIN." The regular business of the S.M. Court yesterday was as nought in point of interest as compared with the agitation which threatened to cause an overflow of the contents of the tea-cup. "Birds in their little nests agree," it is said, because they'd hurt themselves if they tell out. The "learned friends" of the legal profession can fall out with impunity, and yesterday the privilege was tully exercised. To the lay mind the quarrel—for it was really a quarrel in which the nasty things were hurled indirectly—was over trivial matters, but to the interested parties they were evidently of great importance, whilst undoubtedly there was a principle at stake. At the conclusion of an argument which was not conducted without warmth. Mr. W. 0. Malone left the Court with the pronouncement that until Mr. Robert Spence personally stated that he had not meant to reflect on his friend Mr. Malone, the said friend Mr. Malone would not appear in the Court before his Worship again. There the matter rests. It was an incident that called for the exercise of a good deal of tact and patience. on the part of the presiding Magistrate, and this was in evidence. Perhaps a little less of the conciliatory attitude, and some stiffcr assertion of the power of the S.M., would have had a salutary effect. It was in a judgment .summons case that the breeze occurred, Mr. Malone interrupting Mr. Spence in his cross-examination of a witness. It might be mentioned parenthically that interruptions and interjections arc no rarity in this Court. Mr. Spence objected to JVIr. Maloue's interruption, saying he was trying to baulk the judgment summons. This in the opinion of Mr. Malone and of Mr. Kenrick, S.M.. was tantamount to saying that Mr. Malone was endeavoring to baulk justice. Mr. Malone said: "I have stood a good deal of this from my friend. He blares away at me week after week. I have put up with it, but I will not have him assume an improper act on my part." His Worship asked Mr. Spence to withdraw his remarks. Mr. Spence protested that lie had not meant to infer anything of the kind, but the S.M. said he must insist on a withdrawal, cutting short Mr. Spencc's explanation with the remark: "That is quite enough. Mr. •Spence. I h-ive ruled that you must withdraw that remark, and you have refused to obey mv ruling. I cannot hear you further in this case. Witness, you mar stand down." Then the Court adjourned for an hour, and speculation was rife as to what would occur when the business was resumed. Mr. Spence made the following statement. cxmvssiug his regret that in the heat of the argument he had done something which he ought not to have done: —'"ln deference to your Worship's ruling, I withdraw the expression, 'I object to my friend baulking this judgment summons,' anil I desire to substitute what I intended to convey, namely, 'I strongly object to the improper tactics adopted by my friend in deliberately interrupting my examination and thereby preventing an effective examination of the debtor." His Worship accepted the explanation, and pointed out that the trouble had been caused by counsel addressing one another instead of addressing the Court, which was quite improper. [Tad he been appealed to, he (Mr. Kenrick) would have protected counsel from interruptions. Mr. Malone reckoned that Mr. Spenee's withdrawn' was couched in terms which were more cfiVisive than the original statement. Ke wished to hear Mr. Spenee's statement again, but Mr. Spence cut in with .the curt remark that the trouble was between himself and the Court, and not between the opposing counsel. The statement had been accepted bv his Worship, and the matter should end there.

Mr. Malone said that Mr. Spence had obeyed the rilling of the Bunch in withdrawing certain words, but had added other words which were insulting to him (Mr. Mai one). Mr. Spence had dc--.li-erately attributed to him an improper tactic. "If you won't protect me, sir. I must take other steps. To allow him to say what he has said, and your Worship pracf ieally condones it—— The Bench: I do not do that. Mr. Malone.

Mr. Spence interjected that Mr. Malone's interpretation of the withdrawal was not reasonable, or something of that kind. The wrangle proceeded. Mr. Spence was quiet for a hit, Mr. Malone and the S.M. having it all their own way. the former declining to accept Mr. Kenrick's view that Mr. Spencc's withdrawal was sufficient. Mr. Spence interjected: "He is now doing the very thing for which T have made a withdrawal."

Further exchanges. Then Mr. Malone: "I want peace in this Court, and the rules of decency observed between counsel. I have in (he past put up with a great many, things from my learned friend that weVe reflections on my professional ability as an advocate—of course, I may not be the advocate I think I am, and Mr. Spence may not be the advocate he thinks he is—but when he hurls at me that T have done things derogatory to an honorable profession, then T say T am going to have the matter cleared up." Mr. Spence had said that he had deliberately used improper tactics. si«,: i p his Worship wouldn't protect hi:ti :• gainst such accusations he was not coming to this Court anv more.

Mr. Spence : May it please your Worship. I opened to-rtav with probably more emotion than T have ever felt in this Court before. ... I have expressed my contrition and regret to yn:i for what T have done. My friend is making a threat. lam endeavoring to maintain cordial relations between the liench and counsel. Your word is a command, and T have obeyed it. . . . You are too just a. man to place upon my words tlie sinister meaning implied. . . Unfortunately the position will possibly be that both of us will withdraw from the Court. though there may be relief in some other war.

Mr. Malone insisting oil a repetition of Mr. withdrawal. Mr. Spence handed him a copy of it. "out of sheer courtesy." Mr. Malone continued his protests about personal reflections therein contained, but the S.M. said lie eouhl see none, and he was satisfied that there was none. ITo was of opinion that in cross-examination titers should be no interruptions of any sort.

Mr. Malone said that during the case Mr. Spence had certainly made insulting reference to him. and he quoted the remark. "Would 'Mo Spence assure the Court that there was 110 intention to insult, him or to refer to him personally? Mr. Spence was a very clever man, he said, and had kept clear of that. Mr. Spence declined to make any further statement, except that Mr. Malone was doing the very thing now for which he (Mr. Spence) had made a withdrawal. He, applied for an adjournment of the case.

• Mr. Malone: t'ntil my friend says that (that no personal reflection on Mr. Ma-

lone was intended! 1 will not appear I before the Court, again. ! The adjournment. was grunted, and the Court rose. A. & P. ASSOCIATION The executive committee of the Strutford 4. ami !'. Association met 011 Wednesday evening. There were present: The president, (Mr. W .P. Kirkwood) and Messrs Dingle, Kelleher, Webb, Porritt, Hcaly, and K. Jackson. It was resolved, on the motion of Messrs Kirkwood arid E. Jackson, that, in conformity with the opinion of the members of the Association, the life membership on payment of £lO be instituted, and that the money so received up to £431) be allocated for tlie purpose of building a people's stand. The offer of Mr. Ilartwig to stump and clear portion of the grounds was accepted. Mr. Dingle reported his inability to 1 obtain paddocks for the butter-fat competitions. It was decided to call tenders, on alternative plans submitted by Mr. J. D. Hcaly, for the erection of the people's* stand. A vote of thanks wa3 accorded to Mr. -Athol Meredith, of iStrathmore, for his voluntary contribution of 2000 ft of timber for the people's stand. A ticket committee was set up, and the following chairmen were elected for the different sections of the committee: Horses, Mr. G. IT. Ilobbs; cattle, Mr. E. Jackson; sheep, Mr. Tom Godkin; pigs, .Mr. S. M. Porritt; home industries, Mr. E. McK. Morison; butter-fat competi- 1 tion, Mr. S. M. Porritt; ring, Mr. R. Dingle; weight-guessing, Mr. I<\ E. Dobson ; machinery and side-shows, Mr. R. Masters; gates, Mr. D. J. Malone; fod.der, Mr. J. D. Ilealy; poultry, Mr. Geo. Pugh; and dogs, Mr. T. Kirkwood, each to appoint his own stewards. Stewards were appointed as follows: Eing, Messrs Glasgow and Good; harness and driving, Messrs F. Webb and Young; light horses, Messrs Kelleher, .Mason and L. Webster; draughts, Messrs J. H. Robson, A. David, J. Stewart and J. Drake; Jersey cattle, Messrs C. Jackson and .T. Linn; Shorthorns, Messrs E. Sills and. J. Hignett; Ayrshires, Messrs E. D. Darkness and M. T. Phillips; Hoi-' steins, Messrs 11. Cleland and Joe Young; 1 grade cattle, Messrs J. Brannigan and T. E. Coleman; dairy produce, Mr. W. Pastier; sheep, Messrs J. B. Richards,' Freer, Pottigrew, J. If. Ilobbs, Christoffel and C. Finnertv; pigs, Messrs Brockk'baiik and S. Thompson; implements, and machinery. Messrs T. Gardiner and 11. Ashton. Mr. A. Stewart will be asked to again act as marshal of the grand parade, and Mr. H. T. Tvviss as his assistant. A resolution was minuted, recommending to the general committee that each donation of a guinea should entitle the donor to one luiicheon-'tic-ket, and two guineas to two luncheon tickets. A watch has often been found still going after being in the water for some : time. "Big Ben" clock ticked solemnly through the lire at Mr. G. Richter's house the other night, and is still going strong. It's a great "ad'' for the Big Ben, arid Mr. C. E. James is featuring it in a special window show, the blackened clock and scorched dial being explained by a clever color drawing setting out the particulars. Bully for •'Ben!"