A SCENE AT THE SUPREME COURT.

New Zealand Mail, Issue 426, 10 April 1880, Page 20

A SCENE AT THE SUPREME COURT.

In the case of Charles Stewart Burns, who was on Monday indicted at the Supreme Court on a charge of stealing from the person, the prosecutor, one James McGinnity, betrayed such a remarkable manner that it was evident to every one in Court that he had been imbibing very freely of something stronger _ than water, or even tea. His Honor asked him if he had had anything to drink that morning, and after a little hesitation the witness replied " that he thought he had had one." He was then allowed to proceed, but his vagaries recommencing, he was again admonished by his Honor, when he retorted that he was very deaf, and could not hear, upon which the Judge told him he could stand on the floor of the Court, and the witness took up a graceful position near the jury-box, upon which he leaned with an easy and dignified air, as though he were fully the equal of any of those present. It now became painfully evident that the man was unmistakeably intoxicated. His Honor : This man must not give evidence. He is not in a fit state. Witness : I am in a fit state. His Honor : Your conduct is not that of a

sober man. (To the Crown Prosecutor) Is the witness sober ? Does he appear to you to be in a fit state to give evidence ? The Crown Prosecutor : If you ask me, I should say he is not. His Honor : It appears so to me too. Have you been drinking, sir ? Witness : I have had one drink.

His Honor was again about to speak, when the witness interrupted him with some maudlin remark.

His Honor : Will you keep quiet, sir ? If this man is not sober he cannot be allowed to give evidence. What do the gentlemen of the jury think ? Several of the jurors (among them being a publican, who should be a judge on such at once replied that, in their opinion, the witness was decidedly drunk. His Honor : Well, Mr. Izard, I have taken the opinion of the jury, and the case cannot be allowed to go on, so far as this witness is concerned. Can you prove your case by other witnesses.

The Crown Prosecutor : I am afraid not. If I cannot have the evidence of this witness the case must fall through, unless your Honor will adjourn it until to-morrow. His Honor : The constable in charge of the case ought to have told you of the man's condition, and not allowed a witness to come into the Court in a state of intoxication. After some discussion the Crown Prosecutor determined not to proceed with the case, and the prisoner was acquitted by the jury. His Honor : Bring that man before me (for the prosecutor had retired to the back of the Court). Now, witness, listen to me. It is difficult perhaps to tell of a man's condition always, for some men have strange peculiarities of manner. If I had evidence before me to satisfy me that you were drunk, and that you came into Court to give evidence in that state, I should punish you most severely. You have involved the country in heavy costs, and even if the prisoner was guilty, I question whether the jury would have convicted him, for you were drunk at the time you lest the money, which you might have dropped on your way from one hotel to the other. I feel quite justified in stopping your expenses. The witness said he must beg to contradict the Judge, who had made a mistake, and then left the Court, evidently under the impression that the whole thing was a good joke.