Mr Wardell, R.M., presided at the Resident Magistrate’s Court last Friday. Carrie Davis, alias Harris, pleaded guilty to a charge of having used obscene language in Boulcottstreet on the 18th. His Worship ordered the accused to pay a fine of £l,or in default seven days’ imprisonment. Mrs Isabella Ellery made an application for a protection order, with the custody of her five children. After hearing the evidence, his Worship • granted the order, but declined to grant the applicant the custody of the children. The civil case Letitia Johnson v Walter and Jane England, claim £2B 18s 9d, was adjourned till Tuesday. Mr Skerrett appeared for the plaintiff, and Mr Fitzherbert for the defendant. The case Kwong Lee v the City Council and B. Cummings, claim £IOO for damages for destruction of property by the overflowing of a culvert, was further adjourned till the next Wednesday. A case brought by A, J. Houguez, builder, against W. J. W. Robinson, architect, for damages for fraudulent withholding of a ‘certificate for work done, was to have been heard at the Resident Magistrate’s Court on Wednesday, but was adjourned till next day. There was a cross action brought by Mr Robinson against Mr Houguez for trespass. This case was proceeded with. It appeared that the difference between the iwa parties
was over the erection of two houses in Willis-street for a Mrs Houghton, for which they were architect and contractor. Not being satisfied with something in connection with the work Mr Robinson declined to give the contractor a certificate for progress payments, and contended that the contract had been determined, and that the builder in going on with the work was committing a trespass. When the case was called on yesterday Mrs Houghton was not in attendance, and Mr Menteath, who appeared for the defence, stated that she was absent because she declined to act in the matter, and that the complainant was proceeding without her authority, The Court was kept waiting for about half an hour while the proseentor went in search of, the lady,, and then returned without her. Mr Menteath suggested that discourtesy was being shown to the Court. His Worship was of the same opinion, and remarked that it was an idiotic thing'for the prosecutor to have gone for the witness himself, when a messenger could have been sent After some further delay, the case was dismissed.
A very stormy scene occurred during the hearing of a case of slygrog-selling at the Resident Magistrate’s Court on Wednesday. Mr Jellicoe, who was defending, was inter* rupted several times by the opposing coun•sel, Mr Barton raising objection to the question he (Mr Jellicoe) put to one of the witnesses. Mr Jellicoe presently remarked that he did not want to be told how to conduct his ease by a gentleman who came there to learn his business, and made use of other remarks of a personal nature. Later on, Mr Barton was examining one of the witnesses when Mr Jellicoe raised an objection. An argument ensued, and Mr Barton asked Mr Jellicoe to sit down, whereupon Mr Jellicoe became furious, and said he was not going to be insulted by an impudent counsel. He said it was disgraceful that Mr Barton, whom he alluded to as “'this individual,” should call upon him to sit down. Mr Barton was not Judge of the Court, and had no right to tell him to sit down. . Mr Barton appeared to become exasperated at being called an impudent counsel, and clenching' his fists he said that if Mr Jellicoe did not he •would knock him down. . Turning to Mr Jellicoe he said, “If you don’t apologise, I won’t be responsible for what I do.” His Worship interfered and said that Mr Barton’s remark was unwise, but not impudent. He did not think that Mr Jellicoe was at all justified in what he had said. A few more words passed, and the matter dropped for the time. At the conclusion of the case his Worship said that he would be very glad to hear that the two gentlemen had got over their little differences. Mr Barton said that he had put up with a number of, irritating and personal remarks from Mr Jellicoe, but he was not going to allow him to call him an impudent counsel; he could not pardon that—it was too much. His Worship gravely remarked that these bickerings across the table and personalities were of too frequent occurrence between counsel, and he sincerely hoped- there would be an end of them. Mr Barton said that the insults he had put up with had been a great strain on his feelings. Mr Jellicoe said he could look after himself. The wordy warfare was kept up till Mr Barton left the Court, when he requested Mr Jellicoe, with a laugh, to “come outside.” This remark, however, ap T peared to be said in anything but a warlike tone. Mr Jellicoe smiled, bat did not comply with the request. . ;
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Bibliographic details
New Zealand Mail, Issue 769, 26 November 1886, Page 13
Word Count
832Untitled New Zealand Mail, Issue 769, 26 November 1886, Page 13
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