Counsel Objects To Court “Whisperings”

Northern Advocate, 19 December 1938, Page 9

Counsel Objects To Court “Whisperings”

ISpecial to “Northern ■ t Advoca'fe>’l AUCKLAND, This Day.

Mr I. J. Goldsline, counsel appearing for a woman charged with unlawfully using an instrument upon two girls, objected to what he termed "whispered conversations” between the prosecutor and the bench in the Magistrate’s Court this morning. The case was heard before Messrs Leah and Phillips, J.P.’s, and after the third witness had given evidence, Detective-Sergeant McHugh, prosecuting for the police, was standing by the bench speaking to the justices. Could N,ot Hear. Mr Goldstine, who was sitting at counsel’s table and could not hear the conversation, immediately arose and said: “I object to any private conversation being carried on between the prosecutor and the Bench. If there are going to be any jokes, I want to be in them.” Detective-Sergeant McHugh: There are no jokes. I was asked where a certain witness came in and was giving the information. You are too suspicious, Mr Goldstine.

Magistrates Preferred. Mr Goldstine: Well, I object to private conversations or discussions between the prosecutor and the Bench. The sooner we have magistrates to take these cases the better. Mr Tieah: I think you are transgressing a little owing to suspicion. Mr Goldstine: One cannot help but take exception to private discussions. I am going to ask that this case be not proceeded v/ith unless before a magistrate. I ask that as an officer of this court, and I make that application. Case Goes On. Mr Phillips: I only asked Mr McHugh how a witness came in. Mr Goldstine: If I am satisfied the case will be conducted without private discussions, I am willing for it to proceed. s Mr McHugh: There are no private discussions. I don’t think Mr Goldstine has any right to say how this court should be conducted. The court then adjourned for lunch.