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A Wellington telegram on Thursday referred to certain current talk bearing upon the Government policy of judicial reform. The reports went so far as to suggest possible changes in the roll of Supreme Court Judges, and a complete alteration in the Magistracy. These proposals are connected by rnmour with the accusations brought by Mr Barton against the Bench, and in order to estimate their probability, some reference to the nature of his allegations is necessary. Iv addressing a large public meeting at Wellington, MrJ Barton charged Resident Magistrates with enforcing decisions in defiance of law, and Supren c Court judges with upholding radically bad judgments given by the lower Courts, in pursuance of a kind of professional free-masonry. He also alleged an undue familiarity between magistrates and the police, quoting a case in his own experience. It appears that when beginning practice in Wellington he was interrupted while addressing the Court by impertinent running comments from one of the police force. Mr Barton took credit for having done the bar of Wellington some service by effectually stopping this pra.tice. Describing the encounter, he said : —

I was not daunted, and after a fierce battle with the man in blue and with tbe Court, the unseemly interruption was stopped. You may now go into the Magistrate's Court and, I think you will never hear a policeman open his mouth, except when giving sworn evidence.--(Loud cheers.) Havinsr found such a state of things cropping out on the surface, I began to speculate as to what must be the state of things beneath the surface, and on inquiry I found that there existed among the poorer classes what I can only call a "reign of terror." I will mention no names, but I will tell you facts, and I have no doubt many in this room know them to be facts. There was a certain member of the police force who had great influence in Court, and that gentleman carried on a little trade, and had dealings of his own in a small way. Those who became obnoxious to him in the course of his business or otherwise were sometimes unfortunate enough to get into trouble and into the lock-up. Mind you, |I am speaking of Police-

man X.—(A Voice: We know him I) Th policeman has gone into the lock-up, put a pa ot hand-cuffs on the prisoner, and then boa him with his lists and kicked him with his heavy boots to Ms heart's content. (A Voice: That's true !> (Cheers.) That was the man whose influence was paramount in the Magistrate's Court. Kvery man can picture for himself whit sort of influence that was, and what must have been the condition of men and women subject to such a terrible influence as that.

When the Wellington Resident Magistrate demanded an inquiry into these statements, and the Government referred the matter to Mr Barton, that gentleman declined to accept the office of prosecutor, alleging that it was no part of a private citizen's duty, and expressing reluctance to put his charges iv such a specific form as would lay him open to a libel action. The refusal to make out a case definite enough for inquiry will weigh materially in judging of the amount of importance that should bo attached to Mr Barton's charges, and it is improbable in the extreme that the Government will base any measure upon loose, unproved assertions. If Mr Barton, however, again approaches parlia.ment by petition, we think he is entitled to very different treatment from that meted to him last session. His quarrel with the judges, and his open accusations _ against them, havenow assumed the proportions of a public scandal. Admitting that his own behaviour has hot been free from blame, the summary committal of a leading barrister to gaol for a month is an extreme measure and there should be no abseuco of substantial reasons for its justification. Inquiry might, indeed, be appropriately asked for by the committing judges, to clear the judicial office oftho.se suspicions of personal feeling that may be suggested by their previous relations with Mr Barton. Reviewing the reported Government reforms by the light of .Mr Barton's reply to Mr Ballance, we think it unlikely that tho allegations already preferred will be seriously entertained as the motive of official action. Nevertheless it is within the bounds of probability that Mr Stout has some scheme affecting the judical system of the colony which will be submitted to parliament next session ; and the Government will hardly throw obstacles in the way of any investigation which Mr Barton may demand from the supreme authority iv the country and the only possible arbitrator between himself and those at whose hands he believes he has suffered wrong.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AS18780422.2.7

Bibliographic details

Auckland Star, Volume IX, Issue 2519, 22 April 1878, Page 2

Word Count
790

Untitled Auckland Star, Volume IX, Issue 2519, 22 April 1878, Page 2

Untitled Auckland Star, Volume IX, Issue 2519, 22 April 1878, Page 2

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