THE BENCH AND THE BAR.

Marlborough Express, Volume X, Issue 723, 30 June 1875, Page 5

THE BENCH AND THE BAR.

There appears just now to be a rather lively state of things among the gentlemen of the long robe m Dunedin, smce forensic eloquence is not the only argument on which some of them depend. A late telegram m the Wellington Times says : —

"The end is not yet re the Smith and Macassey squabble. It would appear that Smith sent a letter to tlie Times m answer to one of Macasaey's, but they refused to insert it. Smith met R. Gillies, one of the Times directors, today, m the Criterion Hotel, and some words ensued, which ended m Gillies striking SmiLh three times m the face. We shall probably hear more of it."

Another version m the same paper is as follows : —

" Smith asked Gillies why he did not put the letters iv the Times. Gillies refused to tell. Smith then called him a blackguard, frillies said, "Retract, or I'll punch your head," and punched it accordingly. They then had three rounds m a corner. Smith got the worst of it, but Gillies kept on punching till Smith apologised. The bystanders say that very bad language was used. The case will possibly come before the Court, but this is not likely."

Judge Johnston, however, seems to have set his face to the task of enforcing etiquette and puntuality amongst those who have business with him, and to insist on due respect being paid to the Bench. The correspondent of the New Zealand Times says : —

" The Bench and the Bar are at it already. Johnston is rather jumping on them. At the adjournment to-day it wa3 stated by the Bar that half an hour was geuerally allowed for lunch. Johnston stated that he did not see why they wanted to go out and make a heavy meal, for a biscuit was enough for him. He then adjourned the Court for twenty minutes, at the end of which time only one barrister was present. The Judge decided to go on with the next case at once. On the arrival of the other barristers. Johnston said the Court was not accustomed to such treatment. Not only is his Honor very punctual, but he defines with much strictness the relations between Bench and Bar. In his opinion, Mr Barton was unfortunate enough "to think" something, and was reminded by his Honor that it was only for the Court to think or to say "My opinion is," or " It seems to me," it being the advocate's duty simply "to submit" his arguments. Later m the day Mr Barton made some reference to the jury's h'urlii.g, and so drew from the Bench the remark, that his argument that the jury could not distinguish between a tenancy of £600 a year for three years, and a tenancy for five years of £7 per week, was a ridiculous one, and a poor compliment to the person sitting on the bench. Later on, Mr Barton said, "I have to convince your Honour if I can, but it is certainly not by insulting the Court that I presume to convince it." His Honor soid he had heard much of the way m which the Bar is m the habit of couductiug itself down here, but so far as he was concerned he would put a stop t« it. The members of the Bar are all aghast, and the conseqneucecs are fearful to contemplate when Smith and Macassey come m opposition before him."

Another telegram dated Friday, says

"The squabbles between the Bench and Bar continue to-day. Iv the Resident Magistrate's Court, MrDennistou, anewly passed barrister, appeared for a defendant, contended that he had no cause to answer, and shrugged his shoulders. His Worship (authoritatively addressing Mr Denniston) : ' I say that there musb be no posture-making here. ' Mr Denniston indignantly disclaimed any idea of posture making, and declared that he must also preserve his rights. Shortly afterwards he said he hoped his Worship would not deem his action disrespectful to the Court. His Worship : 'It is very natural for young counsel to be very zealous and making objections.' Mr Denniston objected to being cailed a young counsel, as such statements went forth m the papers, and were likely to damage one's reputation. As Mr Denniston is a man between thirty and forty years of age, it no doubt seems hard to be called a young counsel."

His Honor does not express a very high opinion of the reporting abilities of the Colonial Press generally if we may nidge from the following : —

"In the Supreme Court, Judge Johnston said to-day, that his own experience of law reporting m other parts of the Colony was that reports were very different to what really took place. He hadagood opinion of lawreportinginDunedin, and mentioned the name of Mr E. Fox m particular. A report was then allowed to be read from a newspaper, on the Bar vouching for its accuracy."

It is probable that both the Bar and the Press will be all the better for the censorship of so stern a judge.