A PASSAGE OF ARMS.

Westport Times, Volume V, Issue 896, 5 December 1871, Page 3

A PASSAGE OF ARMS.

Mr Beckham, R.M., and Mr. J. B. Russell, solicitor, bad a passage at arms in the Auckland Police Court on Wednesday. In the absence of Mr J. B. Bussell (iu case of braach of Harbour Regulations, in which that gentleman was retained by the defendant), Mr Beckham made some observation to the effect that at the previous hearing of the case Mr Bussell had endeavoured to deceive the Justices sitting on the Bench. On Mr Russell's coming into Court on Wednesday, he thus addressed the R.M., according to the " Herald's report of the case : " Mr Russell, addressing the Bench : I have, your Worship, heard sufficient to know that you have been using my name very freely.—His Worship : I wish that you bad been here sooner, I say that it has been either through gross ignorance or wilfulness that you raised your objections, and I say that you had no right to do so.—Mr Russell : There is one thing and that is, I will not be put down in this Court. I may not have received the education your Worship has. —His Worship: Perhaps you have not. - Mr Russell: Well, perhaps I have not; but this I will assert, that I was" educated a solicitor, and I know my profession, I am prepared to argue the objections I raised in this Court before the Chief Justice. I never yet raised an objection in law that I was not prepared to support by legal argument. —His Worship : It has been laid down by the highest authorities in the English Court that no lawyer is permitted to deceive the Justices. It could not be tolerated. No solicitor educated in England would do such a thing.— Mr Russell: I did not learn my profession in England. Unfortunately for me my practice has chiefly lain in the Resident Magistrate's Court, and by experience I shall never feel any surprise at what may happen there. I repeat that I never attempted to lay down a point of law but I was prepared to support by reference to competent authorities. —His Worship: No meuaces. —Mr Russell: I consider that in my absence you have acted very unjustly towards me. —His Worship : I shall have to be severe if T hear of such remarks.—His Worship then ordered Mr Russell to sit down —Mr Russell: I appear for the defendant, and I have a right to he heard. First, in defence of my conduct, which in this court or in any other has always been that of a gentleman. As for what the Court may threaten I am quite prepared for it.— His Worship: You have a bad memory, Mr Russell. I shall fine the man, when he can appeal if ha think* proper.—Mr Russell: What ? Aftei the man has pleaded guilty. Thai may be so in this Court. I cannot feel astonished at whatever may occur Then I am to understand that the Court will not hear me ? His Worship. The man has pleaded guilty.—Mi

Russell: Yes, but I have something to say in mitigation. The defendant was not aware that it was necessary to have a light inside the breakwater. He had put ic up when he learned that it should be so. At the time when he was charged with neglect he was at evening service in church. After a pause in tbe proceedings Mr Russell rose and explained to his Worship that he was compelled to attend the Supreme Court.—Mr Beveridge, who appeared for the com plainant, took up the case, which resulted in the defendant being mulcted in a penalty of £5 and costs.