INCIDENT IN COURT

Manawatu Standard, Volume LXV, Issue 22, 23 December 1944, Page 5

INCIDENT IN COURT

MAGISTRATE'S STATEMENT

(Press Assn.) AUCKLAND, Dec. 22. A statement concerning a brief scene which occurred between him and Mr Trevor Henry in the Magistrate's Court the previous week was read by Mr F. H. Levien, S.M., in tha Court today. Representations had been made to him, said Mr Levien, by a deputation of the Auckland District Law Society, with reference to certain remarks reported as having been made by_ him during tha recent hearing of an information against Henry Clifton Sallery, charged with Using certain premises as a common gaming house. "An important exhibit containing many names and numbers was handed to Mr Henry for perusal," said the Magistrate. "At a later stage in the hearing I noticed that Sallery, who had been accorded the privilege of sitting at counsel's table beside Mr Henry, was writing or scribbling upon the exhibit. I immediately drew attention to this impropriety and made certain observations which to the public may appear to reflect, among other matters, upon Mr Henry's professional conduct. This Court would not and could not deny Mr Henry or any counsel the loug-estaMished right to peruse and examine any exhibit, but such a right imposes at least a duty upon counsel to preserve the exhibit in the same state as it was received by him. "Mr Henry stated that he was unaware of his client's, action in writing or -scribbling upon the exhibit," concluded Mr Levien. "I accepted MiHenry's statement in this respect and exonerated him from any suggestion of professional misconduct."