JUDGE’S REMARK TO WITNESS

Greymouth Evening Star, 1 May 1937, Page 14

JUDGE’S REMARK TO WITNESS

BARRISTER LEAVES COURT. SYDNEY, April 23. Heated exchanges occurred yesterday between Judge Thomson and Mr W. F. Sheahan, barrister, in the Quarter Sessions Appeal Court, after which Mr Sheahan, accompanied' by his instructing solicitor, Mr Abram Landa, left the Court. A witness named Osborne Mclntosh told His Honor that when, from a sense of public duty, he had gone to report to a stationmaster the condi-> tion of a porter there were about 150 persons passing through the barrier

His Honor questioned witness as to whether he saw the people when he went to the stationmaster’s office, and added, “You are eother stupid or trying to mislead us.” Mr Sheahan (for the appellant in the case) objected to His Honor’s remark. The witness, he said, had volunteered to give evidence, and he (Mr Sheahan) considered the remark was an unnecessary insult. His Honor: I am conducting tho affairs of this Court, and if you do not withdraw that statement I shall order you out of Court. Mr Sheahan said he did not think it necessary to withdraw, as he thought His Honor’s remark was not justified. His Honor Some members of the junior Bar do not know how to conduct themselves, and how to speak to the Judges. Mr Sheahan: There are also some Judges sitting in the District Court who do not know how to speak respectfully to witnesses. Gathering up his papers and remarking that it was no use remaining, Mr Sheahan then left the Court.

His Honor then asked Mr Abram Landa if he would like an adjournment to enable other counsel to be briefed. Mr Landa did not reply, bu,t, bowing, left the Court. APPELLANT CONDUCTS OWN CASE Appellant then conducted his own case. The case.was one in which George Schweinsberg, of Wyuyard Railway Station, appealed against his conviction and a. fine of 1/- imposed upon him by Mr Scobie, S.M., at the Central Police Court on February IS, 1937, on a charge of having unlawfully assaulted Robert Cecil Gardiner, of Highclere Avenue, Punchbowl. His Honor dismissed the appeal. Mr 11. B. Walker appeared for the respondent Gardiner.

Alter Mr Sheahan left the Court a police officer approached him and said* to him, “His Honor says if you return, withdraw and apologise, he will allow you to carry on with the conduct of the case.” Mr Shea han replied: “I have nothing to apologise for. and I shall not return to His Honor’s Court."

The President of the Railway and Tramway Officers’ Association (Mr R. Winson said last night that immediate representations would be made to the proper authorities concerning the comment of the Judge.