MR BARTON AND THE JUDGES.

Waikato Times, Volume XII, Issue 1012, 17 December 1878, Page 2

MR BAR TON AND THE JUDGES.

As bur 'readers are aware, . Mr B irton m his place m the Assembly made a direct and specific attack on the Judges of the Supremo C -art. At that tinj^-it was admitted on behalf of' flief Ifq^er^ent that charges thus directly "Snd publicly maie. could not be jefVunconsidef cd. We npw find that enquiry has been made and the '-charges of .Mr Barton replied to. A telegram from Wellington says :■— - • : ■■,■•■ A voluminous reply lias been sent by, the Government to Vfr Barton, .regarding his application for an enquiry into tbe couduct of the .judges of the Supreme (Jourt, as respects himself and his clients. The reply deals with Mr Barton's charges categorically to the number of 12, and m each case the Government intimate that the charge has not been justified, or was not of Such a nature as to call for an enquiry-. The two concluding paragraphs of the letter are as follow : — " I have now dealt with the various charges you have made. I have placed m the appendix the various documents referring to the cases, for more ready referenced After a calm and careful review, I am hound to say I regret that you should have made the charges, and I feel assured that you will yet acknowledge that they were made .ither under some temporary irritation, or withont thn consideration. There is one mi.- apprehension under which .you com to labor, which I think it necessary to dispel. It is not the function of the Excc'ili-c of the colony to act as an] appellate tribunal.' If the judges deolde contrary to law, ample machinery haa hern prn'rlfM to hnvo their decision'

reviewed It cannot be. right that men who may not have been trained aa lawyers should sit m judgment on the decisions of the Supreme Court. It is only when clear evidence is produced of corruption or incapacity that tho Executive is called upon to interfere, the Executive to interfere with Jjhel|so e3 whenever a be ijroeded §j W$- 'S. "SjlpriaibjUß." thu Coraniul Secretary fflfo beer!a*o--cetved, ia which lie reite ates more the churgea. f m,^e m. hi^ speech m the Assembly. ' - /; >■'''» ■**-)!■ : Mr Barton has replied to the leT&elTof tlie Colonial Secretary. He reiterates all his charges against the Chief Justice and Justice. Biohmond. .In support of the charge that the./judgesiobrruptly isjjvored hi^joppQneutSi he qflfeffitior; cases of the Wellington CorppAtion^; ?|Schultze, GtiU^n v. Jd[o]Oonaldi,-<P§fe r 3 Y^ Josepi I*an^1 * an^ Justice, m the'ease^ of Pole v. Tonics, of ' cdMng.BuCh 'Hinctifcnce W Pole ; a3enabled Tonßs tb,malte'aMray wiih'the property, ' arid cKusliigf tW^uocessful plaintift, Polo, tb bQcWe^baiiUrliptr ! Mr ! Barton adds : —"I miy that ! 'the ? .GhiefUu9ti6e so acted .with.the^o^iefelof^epnwngPple of the. 'fruits of ! his vfrM6l,<4nd^fie same Judge afterwards' upheld "a i{ fratfdulerit v .deed of Tonks, cofttraT^tio^itoh 'clear principles of law that I cannot'btit believe he was actuated by corrupt m >tites. Beferring tp Leach and Johnston, Mr Barton says thfe conduct of Justice Richmond throughoiit that trial, and afterwards, on the motion to set ; aside: the verdict; was such as; '-'iii~ his opinion^ afforded a proof that the Judge was corrupt; : Mr BartonqiA-. ■tiraates life readiness to provd all these charges." • ■ ■