BENCH AND BAR.

Press, Volume LVII, Issue 17061, 4 February 1921, Page 6

BENCH AND BAR.

SOLICITOR CHARGED WITH { CONTEMPT. UNUSUAL CASE IN AUCKLAND. t'SPECIAL TO "THE PRESS.") AUCKLAND, February 3. Tho rare event of a solicitor being visited by a policeman with, a summons to appear in the Magistrate's Court for alleged contempt of Court had its sequel to-day, when Mr J. P. W. Dickson was called before Mr J. W. Poynton, S.M. The complaint against Mr Dickson was thab "on January 25th, at tho Magistrate's Court, during t'ho hearing of a civil case, he did wilfully insult the Magistrate hearing t'lo n case, Mr J. W. Poynton, by using offensive, insulting, and contemptuous words to him, thereby being guilty of contempt of Court." Mr Dickson, it -was reported, took exception to the Magistrate's action during the hearing of the cose, and remarked .that it was "as saymg tlhat the witnesses were committing perjury." Mr Poynton protested strongly, whereupon Mr Dickson said lie would repeat the remark. In opening the matter to-day, the Magistrate said that Court proceedings must be conducted with decorum, and if sucfy outbursts were passed unnoticed there would be unpleasant occurrences, which all would regret. It was the first" time 'he had met with any discourtesy from a member of the legal profession. He would gladly have overlooked -"it but for tho fact that the offensive words and conduct _ were repeated after a severe admonition, and that within half an hour of the first offence. It was, said Mr- Poynton, usual in such oases, for a first offence, to accept an apology in open Court. By expressing Ms regret, tine offender expiated his transgression. The opportunity would now be given to Mr Dickson to so atone if he wished, v Mr Dickson submitted that the Court had no jurisdiction to deal with him in the way it was trying to do, and also that the proceedings were entirelv wrong. He said he had consulted with many of his fellow-practitioners, and had come to Court out of respect for his Worship. He claimed to have 6ot before him the charge made, so tlhat he might have an opportunity to answer it. What were tlio insulting or contemptuous words? .He did not know! No definite charge had been laid against him in what was a most serious charge. The facts had to be sworn by affidavit. Mr 'Poynton: By whomP Mr Dickson: That is a matter for your Worship. Mr Poynton: There is no use wasting time. You committed oontempt or Court, and it would be much more satisfactory for you to say, like a man, that you did wrong, and apologise. Mr Dickson: If I did wrong, I say at once I would apologise. Mr Poynton: You are determined not to apologise. I 6ea that sticking out. You are sheltering behind technicalities. Mr Dickson: May I speak? ■» Mr Poynton: Speak 1 But you are only making your case worse. You should apologise when I give you the opportunity. « Mr Dickson: If I have done wrongSir Poynton: You know whether you did wrong or not. _ . Mr Dickson: I recognise the dignity of the Bench must be maintained. Mr Poynton: You do not practise it. Mr Dickson: I have.practised # it in all the Courts, both here and in Wellington. No one 'has ever suggested I have been guilty of contempt of Court. Mr Poyntoii: I am judge, and I say you did wrong. I have given you an opportunity to expiate tflie offence. I could have fined you'or put you in prison - at the time, but I did not to do that. I gave you time "to mention the matter in Court, but when you did not, I had to take the st6p I have taken. Mr Dickson : There was nothing said on that occasion that was meant as an insult to the Court. Mr Poynton: I am disappointed. Why not express regret? Mr Dickson: Because I have done nothing to justify it. Mr Poynton: I will allow another opportunity for vour further consideration. I shall deal with tho matter at r.oon on Thursday next.