BENCH AND BAR.

Evening Star, Issue 5588, 4 February 1881, Page 2

BENCH AND BAR.

There wag another sharp paßsag-;-at-arma at tho Supreme Court this morning between Mr Justice Johnston and Mr Denniston, m consequence of a remark from the former lhat tiio learned counsel had made “constant interruptions.” Mr Deimistou did not think the remark was warranted, and wo confess that there was an absence of that repeated popping up and down too frequently seen in the Couits below. The following discussion took place At tho close of Mr Stout’s argument in Louissonand another v. Meek ahd another, Mr Denniston rose to reply, but Mr' Stout objected on the ground that Mr Denniston had no right of reply. . . . Mr Justice Johnston said that ho understood Mr Denniston would have tho opportunity of making further observations, and that was tho reason why ho took notice of his constant interruptions during the orgunvmt. Mr Denniston : I object to the phrase “constant interruptions ” now, as your Honor did not draw attention to them art the timo. Mr. Justice Johnston: It seeing to mo that upon some occasions the position and relations between Judge and counsel are entirely lost sight of. I can only say that the interruptions were so constant as regards the facta that I could not get my mind applied to them. I have not said anything to annoy you in the slightest degree. Ono reason my attention wos distracted by tho was that I thought it was understood, when the question of who was to begin was talked about, that in the event of itnythlng being raised by Mr Stout which required a reply you should have It. Mr Denniston: Your Honor had no cause now to make reference to constant interruptions, of winch ho notice was taken at tho time. Mr Justice Johnston : I did not take notice, but I might have interrupted you ton times. Ido not wish to nave any more discussion this timo. It is very unbecoming both to tho Court and to tho counsel, and I will not be drawn Into it. I am struggling in vain to get at tho facts, and it is perfectly right that counsel should call attention to them. Do not misunderstand me. Ido not wish to flay anything in the slightest degree offensive to you. I have been on tho Bench twenty-jdyo years, and I consider it more strongly desirable than ever to exercise tho proper powers of tho udge. I do not permit answers to Mr Denniston : There are rights of tho Bar as well as of the Bauch, and I will Mr Justice Johnston: You are now going too far, and I kBI not allow it. Mr Denniston then wished to know If he might make some further explanations In regard to the case. Mr Justice Johnston: If my brother Judge will allow it.

Mr Justice Williams; Oh, yos. Mr Denniston then replied to arguments of counsel for the other side, and the cose closed.