BENCH AND BAR.

Press, Volume LVI, Issue 10264, 6 February 1899, Page 3

BENCH AND BAR.

A LIVELY PASSAGE AT ARMS

(PRESS ASSOCIATION TELEGRAM.)

GISBORNE, February 4.

Argument in the application, before the Validation Court tD. remove Messrs Carroll, Wi Pere, and Jackson from tie Trustee and Receivership of a Native Trust Estate, is still unfinished. The proceedings were characterised by a number of lively passages-at-arms between counsel, and an attack on the Bench, in consequence of which Judge Bafcham adjourned the Court at noon till 2 p.m. to enable the parties to take a calmer view of the case.

On resuming, his Honour said: —Before the recess, counsel for the receiver and Trustees' charged the Court with partiality. Such a charge is highly unbecoming, and a repetition of any such language is to be strongly deprecated. I, as Judge, feel that the charge is utterly unfounded, and that the counsel referred to should withdraw it. This I must leave to Mr Rees's sense of what is right. Beyond this, I shall take no further notice of the matter, except to say that I am neither bound nor disposed to tolerate a repetition of such conduct.

Mr Rees—l beg to state that I shall withdraw nothing I have said, under any consideration whatever.

His Honour—You decline to? You know, Mr Bees, that I have large powers in this matter, which I will have to put in force. I cannot sit here and be insulted. You make a charge that I am partial Mr Rees—You cam state what you please. I say, moreover, that I shall make a distinct complaint to the Government of New Zealand concerning the matters before the Court. You may smile, but I shall certainly lay a complaint to the Government of the proceedings of this Court. In the meantime, I shall not go one step beyond the matters referred to in the notice of motion and in the affidavits. I shall make use of all my privileges, and shall deal fully with all matters, unless ordered out of Court by your Honour. His Honour—Mr Rees, I wish you to confine yourself shortly to your professional position in this matter, and trust you will 3.0 your utmost to endeavour to maintain the decorum of the Court. As an old member of the bar, you should do your utmost to preserve the dignity of the Court. Mr Rees—l have at all times endeavoured to do so, and shall continue to do my best in that direction. Counsel then continued his argument.