DEATH OF HON. J. A. TOLE.

New Zealand Herald, Volume LVII, Issue 17653, 14 December 1920, Page 8

DEATH OF HON. J. A. TOLE.

HONOURABLE CAREER ENDED

HOLDER OF PUBLIC OFFICES.

HIGH PROFESSIONAL STANDING. I The death occurred early yesterday morning at his„.residence. Remuera Road. | of the Hon. J. A. Tole, Crown Prosecutor for Auckland, at the age of 73. Mr. ] Tole had been ill for come time, and had j not taken an active part in his profession I for four months. Of late he had been considerably better, however, and was in j the city on Saturday morning, while on Sunday he went for a motor drive. On retiring at about eleven o'clock that night he said he was feeling perfectly well, but he died from heart faifcire about six hours later. Mr. Tole, who was born in Yorkshire j of .Irish parents in 1847, attended the Catholic school in Auckland, afterwards entering St. John's College. Sydney, where he matriculated in 1865, and j gradtiated B.A. in 1868. Mr. Tole j \V2S admitted to the Bar in 1871, and j subsequently obtained his LL.B. degree, j On his return to New Zealand he was j admitted in 1872 to the practice of his profession in this country. At the general election ci 1876 Mr. Tole contested the Eden seat in the House of Representatives as a supporter of Sir George Grey, and. was elected by a good rnajoritv over hk opponent, Mr. A. K. Taylor. On the dissolution of 1879 Mr. (afterwards Sir) Frederick Whitaker left his constituency of Waikato and stood in opposition to Mr. Tole for Eden. The contest —one of the most memorable in the history of the then colony—resulted in the return of Mr. Tele by a large majority. At the next election Mr. Tole defeated Mr. Reader Wood, and at the general election of 1884, consequent upon the fall of the Atkinson Government, was again returned by an overwhelming majority. On the formation of the StoutVoeel Ministry ho held the portfolio of Minister for Slustice until 1887, in which year he was defeated at the general election by Mr. Edward Withy. During his parliamentary career Mr. Tole introduced many important Acts, the chief of which was the First Offenders' Probation Act, 1886, the first of its kind in the British Empire.

Mr. Tole - resumed practice in Auckland in 1688, and in ISSZ he was appoi.ited Crown Solicitor and Crown Prosecutor. In 1907 he was appointed K.C.. being'bne of the first in New Zealand. Some years ago Mr. Tole was in partnership with the late Mr. P. J. McAllister, and at the time of his death had as partner his son-in-law, Mr. R. P. Hunt.

The deceased held many important public offices. For some years he had been a member of the New Zealand University Senate, the Auckland University College Ooumil. and the University Senate's representative, on the Auckland Grammar School Board. He was at one time a member of the council of technical education. Mr. Tole was a trustee of the Jubilee Institute for the Blind. Pnrnell, and was also a director of the Taupiri Coal Mines. Ltd. At one time he was chairman of the Ponsonby Highway Board for some years, and he also sat on the Auckland Harbour Board. He formerly held the offices of patron to the Auckland Catholic Literary Society, speaker of the Auckland Parliamentary Lnion. "and president of the Irish National Federation. For many years Mr. Tole was connected with various musical societies, including the Choral Society and Royal Male Choir (once called the T iedertafel), of which he was a vicepresident. Several years aero he was a. performing 'member of the Choral Society, and used to sing tenor solos in oratorios, etc. He was also at one time an accomplished violinist, and amateur actor. Mr. Tole was married in 1882 to the eldest daughter of Mr. Edward Lewis, formerly a Wanganui merchant. He is survived by Mrs. Tole, one son. Mr. E. J. R. Tole, and three daughters—Miss Tole. Mrs. C. 0. Mahonv, and Mrs. R. P. Hunt, all of Auckland".

A rc-oniem mass for tlie deceased will he held at St. Patrick's Cathedral at 9.30 a.m. to-day. The funeral will leave the cathedral at 2.30 p.m. for Waikaraka cemetery.

EXPRESSIONS OF REGRET.

TRIBUTE BY CHIEF JUSTICE.

Mr. Tole's death was referred to by the Chief Justice, Sir Robert Stout, in the Supreme Court- at Hamilton yesterday. His Honor said the news came to him as a great surprise, as he had seen Mr. Tole just before coming to Hamilton. He had known Mr. Tole for over 45 years, both as Minister for Justice—when Sir Robert was a member of the Government—and also as a colleague and personal friend. He .wished to say the Dominion had lost an able and upright citizen. Only those who came into personal contact with him knew of the uprightness of his character and of his sernpulous desire to do what he considered to be right. Mr. E. H. Northerofs, president of the Hamilton Law Society, said the legal profession would like to be associated with Sir Robert's iemarks, for all knew of the late gentleman's distinguished career and of the lustre and dignity he had brought to the legal profession. The news of Mr. Tole's death was received at the Supreme Court at Auckland by Mr. H. P. Richmond, president of the Law Society, who was appearing in a case before Mr. Justice Cooper. Mr. Richmond conveyed the information to the Court, and intimated that members cf the Bar would be asked to attend at the Court today, when reference to the deceased' would be made by the Court and members of ths Bar. The Court was immediately adjourned till 2 p.m. Reference to the loss sustained bv both Bench and Bar through Mr. Tole's" death was made in the Police Court yesterday. On behalf of members of the Bar, Mr. -A. J. Moody paid n tribute to "the able manner in which the late Crown Prosecutor had carried out his onerous duties. Mr. E. C. Cuttc-n, S.M, who was on the Bench, said a great loss had been sustained by Mr. Tole's death, and endorsed Mr. Moody's sentiments. Owing to the heavy pressure of work it would only be possible .to adjourn the Court for a short period, as a mark of respect. The Board of Governors of the Auckland Gramma- School yesterday, passed a resolution (n regret at the death of Mr. Tele, who h«U_; been a member of the board for the last 3U years. Reference"to the death of Mi. Tole was made at the Auckland University College Council meeting yesterday bv the chairman, the Hon. George Fowlds. On his motion, the council recorded its deep of the loss which it had suffered, and appreciation af the deceased's long service to the council. A resolution of sympathy with the relatives of ths late Mr. Toie\vas passed Ji*t evening by the Auckland branch of the Hibernian Australasian Catholic Benefit Society. The Railway Appeal Board adjourned yesterday as a mark of respect to the late Mr. Tole. Tributes to his memory were paid Jby the chairman. Mr E. Pa«-e S.M.. Mi. C. R. Eeli and Mr. J. MascV the two advocates.