DEATH OF MR JUSTICE JOHNSTON.

New Zealand Mail, Issue 849, 8 June 1888, Page 12

DEATH OF MR JUSTICE JOHNSTON.

The Government received a cable message last Sunday ,from the Agent-General announcing the death at Home of Mr Justice Johnston, who left this Colony a short time ago on a trip for the benefit of his health. From “Men of Mark ” we take the followieg particulars ; “Alexander Jones JohnstOD, Judge of the Supreme Court, was born at Aberdeen, 15th January, 1820, and educated at Marischal College and at King’s College, London, and in Paris. He took the M.A. decree at Aberdeen in 1835, and entered the Honorable Society of Lincoln’s Inn, November, 1838. He was admitted Special Pleader in 1341, and published a short treatise on ‘ Exchequer Bills ’ in 1842. Having been called to the bar by the Honorable Society of the Middle Temple in January, 1843, he went to the Northern Circuit and the West Riding (Yorkshire) sessions from 1843 to 1858. He was Deputy Recorder of Leeds in 1857. He also practised in Westminster Hall, and on Parliamentary Committees, Along with the Hon

(now Mr Justice) G. Denman and Mr J. 11. Bulwer he contributed the reports of the Court of Common Picas to the Law Journal from 1847 to ISSS. Mr Johnston was selected as Puisne Judge of New Zealand, pursuant to a 'joiut resolution of both Houses of the General Assembly, and received Her Majesty’s warrant iu April, ISSS. He arrived in New Zealand in Octo her, 1858, and resided in Wellington till 1875, and from then till his departure for Home at Christchurch. Ho acted as Chief Justioe in LS67 and in ISB4. Three volumes of ‘Reports of the Court of Appeal,’ 1567 to 1577, were published by him in New Zealand, and three editions of ‘New Zealand Justice of the Peace and Coroner,’ 1563, IS7O and 1879; also the ‘ Practice of the Supremo Court. ’ Mr Justice Johnston was a member of a number of Royal Commissions, amongst others of the Statute Law Consolidation Commission, 1579. He tried toe greater part of the Native prisoners during the' wars of Te Kooti and Titokowaru, and the Maungatapu murderers. He leaves one son, Mr A R. Fletcher Johnston, a barrister and solicitor of the Supreme Court,” He was a great enthusiast in musical matters, and was the founder of the old Wellington Choral Society, now for some years defunot, the weekly meetings of which were held regularly at his house. The late Mrs Johnston was a williug help to her husband in these matters. As a judge he was able and clear in his decisions, although strict in his observance of judicial etiquette. It was also generally understood that his sentences were of a severe type. 1

A TRIBUTE FROM THE BENUE. Reference to the death of Mr Justice Johnston was made in the Court of Appeal on vi ouday morning. On the Court assembling at half-past 10 the Judges —viz., the Chief Justice (Sir James Prendergast), Mr Justioe Richmond, Mr Justice Gillies, Mr Justice Williams, and Mr Justice Ward—were preseat. There were also present the following members of the Bar : —The Attorney-Gene-ral (Sir F. Whitaker), the Solicitor-General (Mr L. G. Reid), Sir Robert Stout, Mr P. A. Buckley, M.L.0., Sir Maurice O’Rorke (Speaker of the House of Representatives), Mr J. Wilson, M.L.C., O. Samuel ami D. Stewart, M.H.R.’s, Mr H. W. Robinson, R.M., City Solicitor (Thomas Martin), Messrs Chapman, Skerrett, Gully, Quick, C. F. Richmond, M. Richmond, W. L. Roes, Edwards, Brown, Sinclair, Stafford, A. de B. Brandon, H. D. Bell, C. H. Jz3rd, S. Izard, Morrison, Bunny, Treadwell, Kirk, Theo. Cooper (Aucklaau), L. Tripp. His Honor the Chief Justice, in addressiug the Attorney-General and the members of the Bar on behalf of the Bench, said they had been informed of the lamentable death of Mr Justice Johnston, and they considered it due to the eminence of the service he had rendered to the State, to the Bench, to the profession, to take proper acknowledgment of the loss they had sustained iu consequence of his removal from their midst. ' That was not the place from which to utter mere words of condolence, but too much could not be sail in recognition of their loss. They all well knew how he had performed his duties when not only in full rigor of his strength, but also when suffering from weak debility. It was not merely the great natural ability which he possessed, making him competent for the efficient discharge of the great duties of the office which he held, but the conscientious and industrious manner in which he performed those duties which demanded from them a recognition of those services. He (addressing the Attorney-General) must be well aware that the.few words he had uttered were, he would not say well deserved, but the least they could utter on such an occasion.

The members of the profession then rose and remained standing while the AttorneyGeneral addressed the Bench. He asked leave to pay a tribute to the memory of the departed Judge. Thirty years ago, he, in his capacity as Attorney-General, had occasion to welcome the late Judge to the shores of the Colony, and subsequently to congratulate him on his appointment. During that period he had faithfully filled the office of Judge, and had administered justioe in its widest sense with distinguished ability. He was quite sure that the Bar throughout New Zealand would deeply regret his removal from them at such an early age. Whether as a friend, as a neighbor, or as a citizen, he had performed his° duties with the utmost satisfaction, and he had set them a 1 a noble example. It was not long since that they had had to condole with him upon the loss of an amiable and accomplished wife, but it was hoped that he would live long to fulfil his duties to the satisfaction of the Bar and the Colony. This was the first time in the history of the Colony that a Judge had died a Judge. As a rule they had retired from the Bench before their death, but Mr Justice Johnston had died holding his appointment. When he left the Colony a short time ago to visit England, his native land, ho (the speaker) confessed that he thought they were not likely to again see him on the Bench, but they all hoped that it was possible that he might have lived in retirement for a few years ; that they should see him enjoying that life of ease which he was entitled to, and see him receiving the sympathy and admiration of the Colony. He had nothing further to say than this—that on behalf of the Bar they regretted his death, and they hoped that he would duly receive the reward of the just. The Court then adjourned out of respect to the memory of the deceased until next morning.