AN IMPUDENT COUNSEL IN THE MARLBOROUGH BENCH.

New Zealand Herald, Volume I, Issue 287, 13 October 1864, Page 6

AN IMPUDENT COUNSEL IN THE MARLBOROUGH BENCH.

The following amusing scene in tho Resident Magistrate's Court at Picton is reported in tho Marlborough Press of tlie 21st instant. The case was heard before J. Allen and \V. Downes, Esqrs., J.P.'s, and was a claim for medical attendance. "We should hay from a per-.isul of the proceedings, that tlie Justices mus; cither lie troubled with a largo quantity of good nature or must be very ignorant- of their duties. Our readers can form their own conclusions: — Hutchinson v. Statham. —This ense occupied the Court a considerable time, owing to the eccentric and irregular proceedings of the plaintiff's attorney (Mr. Prendergast). Tho claim sought to bo established was for i'.'i 2s. Gd. for medicines supplied. "\Vc report tho case " in extenso." Mr. Prendergast rising, said—l propose to go into the particulars of my client's cl-iim, and to show tlie nature of the malady which ho was called upon ill his professional capacity to treat. Sir. Allen. —Mr. Prendergast, tho Court would first of all wish to learn whether the plaintiff, before attempting to establish his claim, is a duly qualified medic .1 practitioner. Mr. Prendergast.—That has nothing whatever to do with the case. Mr. Allen. —Wo think it has. "We wish to know whether tho plaintiff lias been duly gazetted as a medical practitioner, and lias complied with the regulations necessary to constitute him a qualified professional man. Mr. Prendergast.—Such a question is out of and has nothing to do with the case. The Bench here enquired whether the clerk of tho Court had laid on tlie table tlie legal authority to enable them to determine the law in tho matter. The clerk replied that he had not done so, and rose to leave the Court for the purpose of procuring a book'. Ho wns shortly afterwards followed by Mr. Allen. Mr. Prendergast.—Am I to understand that this Court stands adjourned 'i Tho proceedings arc most irregular. After a long pause, Mr. Prendergast, leaning back on his chair and stretching out his legs at length, said, Lord Cook states there are two classes of persons who commit errors in going to law—those who go too soon and those who go too lat-. Mr. Downes —We have nothing to do with Lord Cook now ; you must conduct yourself properly, sir. Mr. Allen has gone for Hook to guide us in this case and you must w.iit i ntil he returns. Mr. Prendergast.—The of tho elerk is the omission of tlie Court. lam not to be field accountable for the mistakes of tlie Bench. It's not my place to teach you your duty, but if I ihink you want instructing I shall do so iu spite of ull your opposition. This is my place. After an absence of a few moments, Mr. Allen ngain took his scat on the Bench when, addressing Mr. Prendergast, he said—The Court wishes to know whether Mr. Hutchison holds a diploma which authorises him to practise as a medical practitioner. Mr. Prendergast—-I tell you again that my client shall not answer that question. 1 shall prove my case. Mr. Allen—Has the plaintiff the necessary qualifications to enable him to charge for medical attendance ? Mr. Prendergast—l decline to answer. TliU is altogether unconstitutional. You don't understand your business. Yes, 1 say you do not. I shall open niv case. You are bound' to hear it. It is nothing to the Court in opening the case whether the plaintiff holds a diploma or not. You must ascertain that at til'.' proper time, not now. I shall not enlighten yo:i when you are to ascertain whether my client is a properly qualified medical practitioner, "it's net my place to tell you unless indeed 1 choose to do so.

Mr. Downes—We simply desire to know Mr. Prendergust, in order to save the time of the Court whether Mr. Hutchison is entitled to practise as a medical num. Mr. Premiergost—T slnill decline to say. Am I to understand that before the phimtifl' opens this ra=e that h - is hound to he cross-questioned as to his right of doing so. I shall open the case and I dare you to prevent nie. I\lr. Allen —The object of the Court enquiring is to save time. Hut you can go on "with the ease if you think proper. We must, however, request that von will conduct yourself witli propriety. We consider t hat we have a char right to know whether Mr. Hutchison is a properh qualified medical man if only to flave the time ol' the Court.. Mr. 2 remlergast—Nothing irregular saves time. I appear in this ease for Dr. Hutchison who is a man ofgreit experience, and the many important appointments he has held is a test of his* abilities. Mr. Prendergast then, at some length, went on to state v/h.-it constituted the difference between a physician and a surgeon. Mr. Hutchison luid acted in the latter capacity. JTc should place the plaintitl'iu the box who would disclose the nature of the disease for which he had attended the defendant. Plaintiff, sworn, said—My name is William Walter Hutchison. Jam a Doctor of Medicine. 1 am also a Surgeon of the Edinburgh College. I have practi.-ied as a burgeon. X know t:;c defendant, and it. was by his request X waited on liini. I treated him for the disease under which he was ailing. Mv charge is 10s. (id. eacli visit. I also charged him Vs. 6d. for a consultation. By Mr. Downes—l am a Surgeon ami Physician I have no diploma. I have no certificate of any alhetavit made before a magistrate. I am not gazetted My papers are in the hands of other parties. I cannot get them from them. Mr. Prendergast, rising—l tell the Court it has 110 right to put these questions. It is unconstitutional. Mr Downcs—iou are not here, sir, to instruct the JJiMicn. \\ o order you to sit down. Air. Prendergast The iSench -want instructing liiey do not know their duties. ]\h*. Alien \ou arc ordered to ?it down, sir. If you do not conduct .yourself properly, I shall cause you io to bo given iu charge. Mr Pendergast—You must leave the defence to the defendant. _ I he Beueli must not make captious, acute objections to a plaintiff's statement. 1 shall not permit it. 1 lie bench (witli considerable warmth) —You sit down, sir. The Sergeant of Police here touched Mr. Prendergast s shoulder, and told him lie must sit down and remain quiet. Mr. 1 reudergast—T shall not sit down. % Clerk of the Court—You must sit down, sir. You have alreauv been ordered to do so by the Bench Prendergast—l shall not sit down then for vour orders. Jf the Court demands it of me, 1 will cio so. The Bench are acting illegally. Tliev are urging an unjust defence bv an unjust course of action. Mr. Prendergast was at length induced to subside info his chair. Defendant to plaintiir—When T called on you had 1 l otbad linger, which I ha.l injured uu board the vf:S-.-l I came ill to Picton : and did you not dress it and charge three shillings 1 liiintitl I never received a fraction from voii. Defendant—When do you sav- vou lirst" visited me. It was on the 21st of the month.—l paid you altogether five visits. ill-. Pron.lergast, rising and intomiptinj;—ls the detciiJant en his oath or is he not. If he is ho must

not make any statement. He in not to go in ( 0 speech. He may give evidence. r * Mr. Allen—Defendant may ask any quest;,, tearing on the case. 118 Mr. Prendergast—Ob, indeed ; I beg your pardon I must go to school to learn the laws of evident f find. ' 1 Mr. Downcs —You will please allow the case to proceed. Mr. Prendergast—JJot if irregular—certainly not Tlie defendant must not make extra-judicial static ments. Being sworn lie can only state facts in evi. ! Defendant—Your Worships will see by the mann ei in which the bill has been made out that it is an attempt to injure mo and to ruin me. I was never aflcctcd with the complaint mentioned in the bill" Mr. Prendergast—Rising and placing his cleneW hand near the face of the defendant—That's speech. Defendant—l had 110 such complaint lam p rt . pared: to prove. Mr. Prendergast—That's a speech—Oh, that's decidedly a speech. Defendant—When I was taken ill T Mr. Prendergast—A speech, a speech ; that's a speech. Mr. Alien —Mr. Prendergast, if you do not s ;t down I shall be necessitated to give you in custody Mr. Prendergast —I liave a right to make options. Mr. Allen—The Court have decided to hear the case in their own way—and I tell you once mors such behaviour will not be toleraled. Mr. Prendergast—This is a British Court. Everything has to be decided in a constitutional manner - I say constitutional, or if your worships prefer ;» constitutionally. Justice must be administered according to the proper forms of law. As yotr it of me I will sit down. The proceedings here became very irregular, and it was impossible for the reporters to note the order in which the evidence was taken. The defendant stilted that on July sth, he injured his finger on board ship coming over from Duncdin. He applied to the piuiniill' who did something to it, for which he paid him three shillings. He was aiterwards ill with acute rheumatism, when he called oq Mr. Hutchinson, who had a place nest door to the police station. He (plaintiff) only prescribed for hini once or twice. (Mr. Prendergast speaking in aloud tone, bui. addressing himself—that's a speech.) He (defendant) not feeling much confidence in 3lr. Hutchinson, was then advised to go to Dr. Tripe, which he did. He found that Mr. Hutchinson had charged for attending him for a disgraceful disease; but lie hud a witness to prove by the police duty 'oook that on the days Sir. Hutchinson had charged him for attendance he was on duty and in good health. All that Hutchinson had ever done for him was to give liim some powder on the point of a knife. Mr. Prendergast, rising—Was that mercury? Defendant —I do not know ; but I believe it was. Mr. Prendergast—Yes, I know it was, strong enough to kill a horse. I think that goes towards proving the case. Defendant —Besides the powder which was given iro ou the point of a knife, Mr. Hutchinson gave nig a mustard poultice. lam sure Mr. Hutchinson has done this for no other purpose than injuring mr position. By Mr. Prendergast—The plaintiff did not tell me that my complaint was of that nature which is brought on by immoral conduct. Sergeant Bergin having been called by the defendant, deposed —On reference to the police locks some of the days on which Mr. Hutchinson lias charged for attendance in the bill before the Court, the defendant was on duty and in good health. He recollected that on tlie day on wliich Mr. Hutchinson administered mustard, that he (Hutchinson) was tliree parts intoxicated. Ho (witness) advised defendant to seek tlie advice of Dr. Tripe.

Defendant-—Your Worships, this is altogether a trumped up case. When Mr. Hutchinson came out of gaol lie met me and'asked me for a loan of a letr shillings. I gave him iive shillings and sixpence out of charity. lie never said then that he had this bill against me. The Bench then retired for a short period to consider the case. On returning, a nonsuit 'was entered on the ground that the complainant had not shown that lie v.as entitled to act as a legally qualified medical practitioner.