SIR W. FOX AND MR. COTTER

New Zealand Herald, Volume XXVIII, Issue 8500, 26 February 1891, Page 6

SIR W. FOX AND MR. COTTER

0 A SHARP DISCUSSION. lt Before proceeding in the charge broughi ™ againsb William Lynch, of the Claren r don Hot-el, for selling liquor after hours e at the Police Court yesterday, Mr, [. Cotter, who appeared for the defendant. ■x objected to the constitution of the Bench, f and asked if, under the circumstances, the Bench would be willing to go on with the r case. ■ • ■ t Sir W. Fox :On what grounds do you r ask, Mr. Cotter? 1 Mr. Cotter said he did not wish to be personal, but ho thought that the expresi sions which have been used by one member » of the Bench placed him in a position to be . absolutely unable to do justice in a case like s the present one. The defendant could not help feeling that he would not receive a » fair hearing. He (Mr. Cotter) would ask I Inspector Broham to consent to an adjourn--3 menb until to-morrow. There would be no inconvenience inflicted upon anyone, as the . witnesses were all in town, and he did not i wish for any unpleasantness to arise, i Sir W. Fox again asked the grounds on . which Mr. Cotter objected to his sitting on 5 the Bench. E Mr. Cotter then said that if he was asked • specially his grounds of objection, he would ; submit that his client would not feel that he would receive justice after the expresI sions Sir William had 'so often made with . reference to the liquor traffic. His friend, Mr. Brohain, might raise a similar objection, supposing Mr. Ehrenfried came and insisted on sitting on the Bench. He saw another Justice (referring to Mr. McCullough), sitting at the opening of the Court. • and he had heard that Sir W. Fox would not be present. , Sir W. Fox said ho had made an excuse to the Clerk of the Court with regard to . another case, but while he was on this Bench he would do his duty. i Mr. Cotter replied that as to Sir William , Fox doing his duty on the Bench that was one matter ; but so far us defendant would consider that he would receive a fair hearing, was another matter. He wanted to point out that no one would be inconvenienced by the adjournment. Sir \Y. Fox said it appeared that because he had certain feelings on these matters, and had an opinion of his own he was not qualified to sit on the Bench and adjudicate upon the case. Mr. Cotter went on to say that after Sir William had expressed himself— Sir William : With reference to this case? Mr. Cotter: No, but with reference to the liquor traffic in general. Sir William : To what are you alluding ? Mr. Cotter answered he referred to Sir William's own conduct in reference to convictions for drunkenness. He had always inflicted the highest penalties— Sir William : Which the law allows. Mr. Cotter : Yes, but which no other magistrate has inflicted for first offences. Such conduct showed an excess of zeal. Sir William pointed out that in these cases other Justices had sat with him and concurred in the sentences. Mr. Cotter did not know what more could be expected of him. He was willing to pay the expenses of witnesses in case of an adjournment. Mr. Broham said he was desirous that the case should be gone on with at once. It had been already adjourned once, and he did not like to have cases accumulating. He had no objection to have another magistrate being brought forward. It was, however, no place -of his to object to the constitution of the Bench. Mr. Gordon, the other Justice, said that he must express his regret at : the way in which the matter had ■ been brought forward. He thought it would have been better for the matter to have been arranged privately between Mr. Cotter and Inspector Broham. He did not see how Sir William Fox could, with dignity to himself, now retire, or allow anything to interfere with his conduct. He was sure that Sir William would not allow any improper motives to influence him in his conduct; but it was for him to consider his own position. He (Mr. Gordon) was prepared to go on with the case. Mr. Broham replied very warmly to the assertion that he should have arranged the matter privately, and contended that it was not his place to object to any authorised person from sitting on the Bench. Mr. Gordon said he did not mean to reflect upon Mr. Broham. Mr. Cotter then asked Mr. Broham if he would consent to the case being adjourned until to-morrow. Mr. Broham replied that he was ready to go on with the case, and that he had no right to object to the constitution of the Bench. Sir W. Fox remarked that if there was any force in the remark in reference to himself, Mr. Cotter should make an application to the Government to have his name struck off the roll as a person unqualified to sit in certain cases. He would not leave the Bench, but would hear the case. Mr. Broham, on again being requested by Mr. Cotter to agree to an adjournment,, said he did not see why he should be asked to consent. He wanted to have the case heard, bub the matter rested with ,the Bench. They could call another justice. Mr. Cotter : In ordinary caees I would, under the circumstances, absolutely retire, but justice to my client compels me to go on. The case was then proceeded with, a report of which appears in another column.