S.M. AND COUNSEL

Gisborne Herald, Volume LXXI, Issue 21582, 8 December 1944, Page 6

S.M. AND COUNSEL

INCIDENT IN COURT TOLD TO SIT DOWN INTERRUPTION TO CASE (P.A.) " AUCKLAND Dec. 8. There was a sensational inteirapn duAng the hearing of a case brought against Henry Clifton Salle > v in the Police Court '.mm Mr. F }•[. Levied, S.M.. who yerided. adjourned the proceeding;; after ordering Mr. Trevor Henry, counsel for the defendant, to sit down. Tnc ’■■a :;- : ate adjourned the case for 10 minute.-: when Mr. Henry refused to resume his seat unless Mr. withdrew a rc-nrnrk made him. The defendant was chaigo.! ir-d • hi. >.on the owner of pre- : in Swanson street he used them ■. s a common gaming house and further with using premises as a common betting house, this being an indictable offence. Sallcry pleaded not guilty. Detective-Sergeant Trelh'ewey. who prosecuted, said his intention was to withdraw the second charge on the completion of fhe hearing of the evidence on the first charge. After a good deal of evidence had been heard the magistrate drew Mr. Henry's atumlioa to the defendant j who was writing something on a list J i (.'"erred to in the evidence as having bee i found on the wall. “Look, your client is marking Ik exhibit.” said the magistrate, who directed it to be returned to hir “Something has been crossed cut o this exhibit' which I cannot new rend,” added Mr. Levien. Mr. Henry: I’m sorry. Sir. As see” a I saw my client with it I told him nM; to write on if. He then crossed out what ho had .written. Mr. Levien: It is highly improper If I were the police -I would refus>"n hand you an exhibit. In any future case of this type I would diret 1 them to do so. ”1 take exception to that remark." said Mr. I-lenry. Mr. Levien: You can take what exception you like, Mr. Henry, it was highly improper. Mr. Henry walked'“up to the Bench wiih the intention, of picking up tire exhibit to explain the matter when Mr. Levien said: “I am net going to hard it to you again.”' Mr. Henry begitn to explain, but was advised to. sit down. When In 1 kept on his feet he was once mere i toM to resume his -seat. ! .Mr. Levien then ordered Salle w ; who had been ’sitting next, to TW Henry, to stand in the dock. After refusing to sit. down. • Henry said: “As a member of this Bar I am entitled to see any exhibit placed before this court.” “Sit down. Mr. Henry” ordered the. magistrate. ; Mr. Henry: I am not going to M i.down. You have stated T am nr' going to be shown anv exhibits. T repeat that as a member of the Bar if is my right to see any exhibit produced in a case whenT am engaged. Mr. Levien: Are you going to sit down? Mr. Henry: Yes. When you withdraw that remark. Hearing Adjourned For 10 Minutes With counsel still standing in front of the magistrate’s bench, Mr.. Levied adjourned the hearing for. 10 minutc-s. On the resumption rio further reference was made to the incident. No evidence was offered on the second charge, which was dismissed. The magistrate said the defendant must lie convicted on the first count. Detective-Sergeant Trethewey said Sallery had six previous convictions under the Gaming Act and had been fined a total of £SOO. In making an appeal for a monetary penalty, Mr. Henry said it was the type of offence ci-eated by the legislature and had not always been an offence against the law. The mailer was one that was much in the minds of the public, and in view of the general overhaul of the gaming lav; which no "doubt would be made counsel asked that Sallery be not re •' to prison. There was no element criminality in the offence and "A harm had been done to anyone. RnL lerv had a good reputation iyid had not “been up" since 1934: The magistrate said that undo - • ’’ Iho circumstances lie could not.o look the fact that this, class of olfc •> had achieved sofne no.loriotv and •)•«-•• would have to impose a' term of i ->jprisoninent. This ho fixed at two months. Counsel gave notice of intention to appeal. . ....