INCIDENT IN COURT.

Manawatu Standard, Volume XLVI, Issue 176, 26 June 1926, Page 9

INCIDENT IN COURT.

MAGISTRATE ASKED NOT TO TAKE CASE. FRIEND OF THE INFORMANT. Per Press Association. AUCKLAND, June 25. A somewhat sensational incident occurred in the Magistrate’s Court today, when Mr It. A. Singer, who was appearing for a woman charged with assaulting John Henry Hannan, asked Mr J. W. Poynton, S.M., to vacate the Bench and let one of the other three Auckland magistrates take the case. “There are two applications I desire to make, and the first I make with the utmost reluctancy,” said Mr Singer in opening. “Anyone who knows me knows that I am the last person practising ‘in Auckland who would in any respect desire to try to cast a slur upon the Bench, but I feel that I would not be doing my duty to my client if I did not make this request. I ask Your Worship seriously and earnestly not to hear this charge. Perhaps I might say. that in consequence of a- few remarks passed by Your Worship on this matter —trivial no doubt —it seems that Your Worship has some leaning—l will not say to what side.”

The Magistrate: I have no leaning towards anyone. Continuing, Mr Singer said that ho appealed to the Magistrate not to take tho case. If reasons were wanted, counsel would be reluctantly compelled to give them in open Court. Tho Bench: You had better give them. If you have any charge to make, make it. Mr Singer: I have no charge. The Bench: If you are presuming I will bo biased, make it. Mr Singer: I have not said so. I have tho feeling that in your judicial position you may bo what might be called biased. The Bench: If I am biased beforo a case is heard, I am unfit to be • a magistrate. Mr Singer: I refuto that. What I mean is that every person, however judicial, must necessarily be a mere human being, not an automaton, and will be influenced by friendships and associations. ... I am informed

that Your Worship is a personal friend of the informant. The Bench: “I am. It will come to this: that a magistrate will not bo able to have friends.” Mr Poynton added that he was a friend of Hannan’s. He had given judgment against him and would do so again if necessary. Counsel said that he regretted that he had to bring the matter up before the public, press and Bar, but he felt ho was doing his duty to his client. Counsel again earnestly asked the magistrate not to hear the case as he was a personal friend of the informant's. '

The magistrate then referred to Mr Singer’s remarks as impertinent. Mr Singer asked if it was suggested that because Mr Poynton did not sit on the bench Hannan would not get justice.

Hannan (interjecting): I don’t get itl

Mr Singer: “You don’t deserve it.” Counsel said that Hannan would, get such justice as he deserved, and the Bench remarked that' it was a great danger that litigants should select their own judges. . After further discussion, Mr Singer said that he was sure the Bench would withdraw the suggestion of impertinence.

The Bench said that he had always found counsel a model pleader. Mr Sullivan, on behalf of Hannan, said that he would relieve His Worship of the case if he did not want to take it. The Bench said that he did not want to take any case, but instructed that the action proceed. Evidence was then heard, and the magistrate convicted defendant of assaulting Hannan, and at the request of Mr Singer made the fine £5 Is to allow of an appeal.