CONTEMPT OF COURT.

New Zealand Mail, Issue 117, 12 July 1873, Page 5

CONTEMPT OF COURT.

' Our telegrams from Napier announced the other day that Mr G. Kirton, the Manager of the Poverty Bay branch of the Bank of New Zealand, had been fined fifty pounds by his Honor Mr Justice Johnston for contempt of Court in not having put in an appearance at the proper time as a witness in a case of forgery. The " Hawke's Bay H>rald" of Saturday furnishes the particulars of this affair, from which we gather that Mr Justice Johnston has taken rather an extravagant view of what constitutes " contempt of Court." It would appear that a case of forgery against one Torpey had broken down in consequence of the absence of Mr Kirton, who was a material witness in the case, but it does not appear that the case could not have been temporarily adjourned under the assumption that Mr Kirton was unavoidably prevented from attending on the particular day upon which the case was called on. From what took place in the Court on Friday, it would seem that the irregularity of communication between Poverty Bay and Napier had more to do with the witness's nonattendance than any laches of his own—that in fact he had delayed his departure from his responsible post to the latest moment that would allow of his arriving at Napier on or about the time at which his attendance was summoned. But in the hands of Mr Justice Johnston, the Supreme Court, like the time and tide, waits for no man, and no consideration is to be shown to anyone who is not- punctual to the minute when he is required. This strict ruling as to the duties of witnesses is no doubt perfectly correct in the abstract, but even a Supreme Court Judge may be expected to make allowances for the circumstances of special cases in a district where communication is irregular and infrequent, and where without any intentional disrespect to the Court a witness may be accidentally unpunctual. At the sittings on Friday, an affidavit by Mr Kirton was read, setting forth that he could not, owing to the position he occupied, attend any sooner. His Honor, as the " Herald" states—

Made some severe remarks in refereace to this matter. A very important case, being a charge of forgery, had broken down simply because a Bank manager had failed to appear. The fact of the extreme irregularity of communication between the ports was, in this instance, certainly some mitigation of the dereliction of duty, but, nevertheless, there had been great negligence and contempt of Court shown, causing thereby a gross failure of justice. And of all institutions or bodies corporate, which were most interested in checking the crime of forgery ? The Banks, of course, were. Why, in England, and elsewhere, they found the Banks conducting prosecutions of this nature at enormous cost, in their own interests. The recognizances entered into by Mr Kirton were wholly inadequate as compared with the injury done by the neglect of performing a great public duty, and they must be estreated. Perhaps the Bank of New Zealand would indemnify Mr Kirton for the amount.

Subsequently Mr Kirton asked permission to make a statement, but his Honor replied that any statement he might make would be useless. * Mr Kirton then paid the £SO to the Registrar " under protest," which expression was duly reported to the Judge, who remarked " that had he heard any person use those words he would have sent him to prison at once; and ordered that Mr Kirton (who had left the Court) should be sent for. On that gentleman arriving in Court, his Honor, after again ascertaining that Mr Kirton had used the expression- ' under protest,' informed that gentleman that in using the words he had done he had merited instant incarceration. The idea that any person should come into the Supreme Court of the Colony, and say he would only obey its orders 'under protest!' It was absurd ! But he would not take any further notice of the matter." It is perfectly certain that the dignity of the Supreme Court will not be allowed to suffer in Mr Justice Johnston's hands, but his jealousy of its rights and privileges appears to have been somewhat excessive in this instance.