THE BENCH AND THE BAR.

Tuapeka Times, Volume VII, Issue 361, 3 June 1874, Page 4

THE BENCH AND THE BAR.

Daring the sitting of the Resident Magistrate's Court, Dunedin, on the 28th May, several rather sharp passages at arms took place between the Bench and the Bar. The first was on his Worship allowing a bill of lading io be put in as evidence, to which Mr Haggitt objected as it disclosed the business between defendant and another person, not plaintiff. He said it was'no use his objecting, as the Bench had already allowed the evidence when it was really inadmissible. In opening the defence of Gunn and Ross v. Davies, the following colloquy took place : — Mr. Haggitt : My learned friend raised two points applicable — one, that the captain did not 'do right in going into the port of Melbourne ; the other, that he did not do his duty with regard to the consignees by not communicating with them before shipping any goods to this port. The second point has not much connection with this case. Speaking to the tirst point, my client might have preferred going into Melbourne instead of to the bottom,thus choosing very improperly and for which I have no doubt this Court will decide against him in consequence, but still His Worship: What did you say. Please to repeat the precise words about this Court They are highly improper. Mr Haggitt : 1 said that this Court will bring in a verdict against the captain for going to Melbourne instead of to the bottom. His Worship: you said something about you had no doubt that the Court would decide against you because the captain exercised his own judgment in going to Melbourne, instead of going to the bottom. Ah. Haggitt : I did not use them. I was repeating the words when you interrupted me. His Worship : You had no right to say what you did. This Court will do what is right on the side of justice, and what is equitable according to its conscience. Don't use any words reflecting on the administration of judgment here. Mr. Haggitt : Then your Worship will please hear what I have to say. Your Worship ought to wait till I do say some something reflecting on the Court. In the meantine I shall use such language as I think proper. I have practised in this Court for twelve years — long before your Worship practised ; and I know how to conduct a case, whatever your Worship may think to the contrary. I will neither allow you nor any other man to browbeat me, or to do injustice to my client. Now, I've spoken, and I leave your Worship to take whatever action you may think tit. His Worship : There is no browbeating, you know, and every other solicitor iv this town knows that I allow you and all other gentlemen practising in this Court every latitude. Mr. Haggitt (sharply) : I've told you twice that t never made use of the words imputed to me. His Worship : If I have put any erroneous interpretation on your words I am sory for it. As it fell onniy ear, and 1 think everybody else's ear, the meaning of your words were that you would not get a fair hearing. Mr. Haggitt : I said that because Captain Davies chose to vgo to the Port of Melbourne instead of to the bottom, therefore the verdict will be given against him in this Court. I have made similar remarks in previous cases, and they were never objected to. Sometime latter in the same case, Mr. Haggitt was proceeding to speak on the injustice done him by the invoice being put in, when His Worship said : I don't think yon need speak any longer on this point . Mr. Haggitt : Then lam very glad of it — (laughter) -for I should have to repeat what I have said on a former occasion. — " Evening Star."