JUDGE AND COUNSEL.

New Zealand Herald, Volume XLIV, Issue 13451, 30 May 1907, Page 6

JUDGE AND COUNSEL.

ANOTHER LITTLE " BREEZE." A further conflict occurred yesterday between Mr. Justice Denniston and Mr. J. R. Lundon, during the latter' cross-examina-I tion of a witness.. Mr. Lundon had asked a question, and after receiving a denial proceeded to ask details. His Honor: You know your cross-ex-amination is to elicit facts, and after a broad denial of a fact to go on and ask for details is not correct. I cannot but take note of these facts; It is systematic on your part; and I have seen nothing like it in my practice. . I know you waste the time, not, mark it, from, your.own point of view, but from ours. It is not one instance, but habitual. ,; If you do not understand what I mean you are the only person in Court who does not. If everyone indulged in the practice to the- same -extent a judge would have to be permanently sitting in criminal trials. I must assume from your knowledge of practice that you are familiar with the rules of evidence. The. jury heard the question and answer, and it is for them to decide.. Later on, during the examination of,a witness regarding some statements, Mr. Lundon was stopped by His Honor. .. 1 . Mr. Lundon said he had " called for statements and never received them." 'His Honor: If you know your business you can get documents by securing a subpoena in the usual way. Mr. Lundon: On more than one occasion with the detective in the box, and the document in. his hand, I have been refused the right. .."■'. ~.,..., .... His Honor: By a judge? Mr. Lundon: By a magistrate. - - His Honor You simply amaze me! Mr. Lundon: I can give you the name" of the magistrate. His Honor: Well, well. Ido not like to say hard things, and I;do, not wish to do anyone any harm, but I do not suppose it does ( have that effect. But for you, a member of. the Bar, to come here and ask if there is a document! There is a legal method of subpoena. You mean to suggest that a police officer whom you subpoened to produce; a document would not bring it here. Your answer is that a magistrate has refused to do it. Is it creditable to treat a Supreme Court judge in that manner? Every boy in a lawyer's office a year knows perfectly well that a document can be secured by subpoena. Mr. Lundon: Your Honor has misunderstood me' entirely. I did not say I desired the document. I simply wished to get this man's reasons regarding" the statement, i His Honor:. I asked you, Mr. Lundon, 'why you did. not. produce the documents. Mi*. Lundon: And I answered Your Honor. His Honor: No, you did not. If your answer had been that you did not want them that would have settled it. Instead of that you begin to explain how you did not get them. It is absurd. The examination then proceeded.