ATTACK ON A JUDGE.

Taranaki Daily News, 16 May 1917, Page 7

ATTACK ON A JUDGE.

SCENE IN SYDNEY COURT. ] OUTBREAK BY DEFENDANT. An extraordinary scene occurred in the Equity Court in Sydney on May 1, when the defendant in a ease involving a ! family disputo over property, made an attack on the Chief Judge, Mr. Justice A. H. Simpson, declaring that by reason of his age he was not capable of dealing with the matter. Mr. Justice Simpson was appointed to the Supreme Court Equity Bench in 1898; he is 74 years old. The defendant in the ease was Mr. A. H. B. Conroy, a barrister, though for some years he has not practised in the profession. The plaintiff was his wife. When the case was opened Mr. Loxton, K.C., appliod for an adjournment, stating that the defendant had filed an affidavit that he was contesting the ParraMatta seat against Mr. Joseph Cook. He would not have time to instruct his 'solicitor, as the facts of the case extended over 17 years.

His Honor said: I will not grant the adjournment. The case has already been adjourrled for a fortnight, and now Mr. Conroy comes along in a light and airy way and says: "I am too busy with my election campaign to go into the matter of an Equity tuit." Mr. loxton then said he would respectfully, withdraw frorW the case. He, his junior, and the ! instructing solicitor, then left the Court.

"NOT FIT TO SIT." i Mr. Conroy took the position vacated | by Mr. Loxton at the barristers' table", and, addressing the Judge, said: I dak that Your Honor will not sit in this action, because Your Honor has reached a stage of life when it is impossible for you to remlember in the afternoon what has taken place in the morning. Your Honor is not fit to sit at your time of life on a big case like this. Up to this time the Judge sat silently on the Bench, and Mr. Conroy hesitated; For a few minutes there was silence, which was broken by Mr. Conroy. "This is a matter of immense importance to the country," he declared. "The Federal elections are in progress, and they re-, quire my attention and the whole of my time. This action is being forced on at the present time because I am engaged in an election campaign, .la it fair to tens of thousands of electors that I should be debarred from placing nny views before the country!" ■ His Honor: I can't take any notice of the application on the ground that I am unfit.

Mr. Conroy* I insist, in the name of Justice, that you will grant me an adjournment. If the case were proceeded with something in Your Honor's heart would decide against me, as you are prejudiced against me.

His Honor: Have you quite finished? I can't have you making speeches over and over again.

Mr. Conroy: I recognise that you can't quite remember, and repetition, unfortunately, is now necessary. His Honor: Not necessary for me. The grounds of the adjournment application yere not sufficient. I consider I am fit to take the case. People will gossip, but I don't think that they are competent to -judge. Hi 3 Honor. ordered the defendant to sit down, and the tipstaff repeated the order. Defendant answered: "I will not sit down. I have a right to be heard, and you must listen to what I have to s »y" .... ■>'d.:l; J ...Sl ' " JUDGE LEAVES THE BENCH. His Honor left the Bench, and the defendant walked up and down the courtroom! excitedly, denouncing the Judge. Within a few minutes th 6 Judge returned to the Bench, and Mr. Conroy again attempted to address him. His Honor: I won't hear him. Mr. Conroy: I didn't expect you would. It is on account of your incapacity that I asked you not to hear the case. It is a scandal and a disgrace that you are sitting in the Court at all. You are unfit to sit on the Bench, and every citizen knows it.

His Honor again left the Bench, and as he went into his chambers the defendant continued to shout after him. When tlhe Court resumed in the afternoon, Mr. Conroy at once rose, and again addressing the Judge said: You are denying me justice. You are a declared icon* scriptioßist; I am an anti-conacriptibn-ist... One of the K.C.'s said the other day that it was no use advancing arguments to you. There's going to be a gross miscarriage of justice. This is the last act of your career. You are going to retire, but not with honor. When leaving the Court, and near the door, Mr. Conroy turned and said, to His Honor: It takes a lot of courage to say what I have said, and to tell you that you are done.

The trial of the case was then commenced.