BENCH AND COUNSEL.

Dominion, Volume 1, Issue 287, 28 August 1908, Page 4

BENCH AND COUNSEL.

"INCIDENT 'W'T-lEW'' PLYMOUTH COURT. v,;The,:placid{tjf--: which - usually • prevails during the proceedings in tho New Plymouth Magistrate's Court was rudely ruffled ori Monday .afternoon (writes, our ..correspondent). A tajigled case had been languishing through the mazes' of witnesses' versions of an accident. ;and their opinions as to which of two persons;, was guilty of contributory negligence. Mr. Weston, appearing for plaintiff, contended that he had right to obtain judgment for full damages from both parties'," :biit';)tj(e "Magistrate' (Mr., H. S. I'itzhprbert);could;.hot see how two men should, have each to pay the full amount of victim's nursing and medical expenses. This .interchange of, .argument was lengthy, and Bonch and Bar came to grips. Finally, Mr. Weston became warm on tho point, and in a burst .of...disEjujt tiirned from tH<3 , Bench' arid''threw his papors on to counsel's table,.. exclaiming as,.he jjlid so: "Oh, ; Mr. Weston. It's, apparent that you can't. • Weston: And I don't pretend ..to, but tlo oxJ)?'et,. ; itisticeV,., ; , *''The'S;M;"'(decidodly): 'And you've, always, had" it, Mi\:" Weston. You've-, always Been treated with tho greatest leniency on 1 acc<junt;of .your a£o,.-. •■ ■ •••]. ' ....iMri. Weston: . Ob, don't, refer to my age. •I might refer to your failings, too. I dpn't, want leniency,"' but I do expect to be treated' fairly. ' ' ■; ' ;The Bench: You've always been ,treated fairly; You ;are;. tho first member', of the profession-to- make any : remark of this 'nature here. : - I Mr'. "Westotf: '"You . didn't treat me very fairly at Waitara the other day, anyhow. The Bench: I have 110 recollection of having treated you otherwise than fairly. I may have stopped you, as I could have done ,several times to-day; .in. cross-examining your witnesses, but-1 repeat that you have always bpen treated with the greatest respect. / u Weston,: Qli, I'm not going t-o argue the point With, you. {The S.M. (with some determination): No, you'd-better not. Not while lam on tho Bench. The Court then went on in the ordinary way. . .