MR JUSTICE CONOLLY AND MR JELLICOE.

Marlborough Express, Volume XXVII, Issue 234, 15 October 1891, Page 3

MR JUSTICE CONOLLY AND MR JELLICOE.

-« At the trial of William Barnard, indicted for the larceny of meat from a butcher's shop at New Plymouth on Thursday last, a passage at arms occurred between Mr Justice Conolly, who was trying the case, and Mr Jellicoe, the council for the defence. We take the following- from the report m the Taranaki Herald :— During Mr Jellicoe's address, he aaid that the jury could assume that Constable Scully had stated he did not know a certain matter because Mr King, the shopman, had not stated anything on this point m the lower Court. ■•■'•.'., His Honor interrupted Mr Jellicoo and said he had not any right to ask the jary to assume anything about Bing'a evidence m the lower Court, because those depositions were not before the jury. ?;-Kr:Jellicoe persisted m, his right to tell ?fche jury to assume. -^ ' ~7 k: His? Honor :, Til not be trifled with by vypu, Mr Jellicoe. ■>.;; .? ' ; . "Mr^Tsllifice: I;Etm sorry, your Honor, but I have a'duty to do* for my- client. ... His Honor : Do your' duty, then. Mr Jellicoe said he was - sorry that his Honor found fault with him, for he" was simply doing his duty. Hia Honor said that Mr Jellicoe was not doing his duty by the way he conducted the case, and m insulting the Court. Mr Jellicoe said he had no wish to offend His Honor, and he considered that he had been most deferential to His Honor right through the case. He would do his duty m spite of- — . His Honor: Don't say that you will do anything m spite of me, or I'll commit you for contempt of Court. Mr Jellicoe: I intend to do my duty to my client. Mr Jellicoe, m continuing his address, said. he was sorry that His Honor should take up the attitude towards him that he had, but they were judge 3of the case. His Honor : You are again wrong, Mr Jellicoe, for I am the sole judge of this Court and its proceedings, and not the jury. The discussion then ceased, and Mr Jellicoe wound up his address m about five minutes. In the course of the Judge's summing up, His Honor is reported as having referred to Mr Jellicoe as follows : — Hi 3 Honor added that he hardly believed the/]earned counsel was conscious of the way he attacked witnesses and persons, and the disrespect he showed to the Court. The learned counsel has shown disrespect to the Court on several ocoasions, and then referred to them as " scenes." He did not xnind the insultiDg remarks personally, but so long as he had the honor to preside over the Court he would endeavor to maintain the dignity of it. The learned counsel had referred to the fact that these " scenes " might prejudice the prisoner, but His Honor asked them to dismiss the "scenes" from their minds. His Honor then concluded his remarks on the evidence, and the jury retired to consider their verdict.