JUDGES AND COUNSEL.

New Zealand Herald, Volume XLIX, Issue 15001, 24 May 1912, Page 8

JUDGES AND COUNSEL.

SOME FURTHER EXCHANGES. • -" TORTURE" "; OF WITNESSES; ;,.';■, Some further warm exchanges place yesterday between His Honor Mr. Justice Edwards and Mr. T. Cotter, K.C., during the hearing of the case Attwood v. Sutcliffa at : the Supreme Court. i Mr.' Cotter was asking the plaintiff, who had been, cross-examined at great.length, some questions regarding certain documents which he had signed in connection, with a deal in land.'';' ;•■ :■'■.' t > ■. ~ i ' His.: Honor: Do you really "think this is j admissible? This witness's admissions have been gained under what amounts to I torture. He was kept hero almost all day , yesterday, and you are trying to wring i from him replies about matters concerning ; which he can really know nothing. ! Mr. Cotter: Your Honor, I respectfully • submit that this is a reflection upon me. I hate a duty to my client to perform. . If I any of my questions .iris improper, Yonri Honor has only to rule them out, and I will at onco submit. J His Honor: What I say is this, Mr. j Cotter. The examination' has been unduly | prolonged, and yon are treating expressions : : of opinion from the witness as if they were j ' admissions of fact. j Mr. Cotter: But, Your Honor— ! Hia 'Honor Mr. Cotter, , you; have i already made two speeches. Get on with j your examination. V ■ * --'j A little later Mr.,. Cotter, apparently thinking His Honor had v nob caught wit* j ness's reply to a question, proceeded to re- 1 peat it. * .'■;. .-;' ■: : . ; . .;. .-•,-,. ' His Honor: ' I must be allowed ?to d 18 * charge this abominably tiresome arid monotonous duty ; .of writing down ■ answers (to questions, mostly irrelevant, in decent quietude, which I cannot do if counsel persists in repeating them. I will not have it. ! .' • . : ""- ' ' "- . ' ~'■ Later again Mr. Cotter commenced to protest against a remark from the -• Bench.' > ; His Honor: Mr. Cotter, don't interrupt me when lam speaking. • To ; interrupt anyone is a cardinal breach of # gpod manners; certainly no one; should interrupt a . judge unless for the very gravest reasons. ■ Deling the afternoon-another, brief passage occurred! Mr. Cotter resumed his questioning of a witness before His Honor 'had finished speaking. His Honor: Mr. Cotter, I will not hlvef you interrupt me. You seem to think that this place is where you are to rule, and may do as you please without reference to the presiding judge, '.' I will not allow it. If you continue to interrupt I will adjourn your case; - " " ' ' Mr. Cotter: Well, all I can do, "Your Honor, is to express my sorrow; I thought Your Honor had finished. His Honor: It* is ;dl very-well to express your sorrow,' but don't let it occur again.