THE AFFIDAVIT CASE.

New Zealand Times, Volume LXIX, Issue 3745, 20 May 1899, Page 7

THE AFFIDAVIT CASE.

APPLICATION BY ME JELLICOE. MOTION BY THE LAV/ SOCIETY. RULE NISI GRANTED. Tho matter of the affidavit filed by Mi - Joliicoo as counsel for tho plaintiff in the action. Stoinmann v. Do Courte was again before the Supremo Court yesterday. When the Court of Appeal resumed at 2 p.m., Air Jellicoe, who had on the previous day asked for a day to be fixed for tho hearing of his application for a, re-hearing of .so much of the judgment of the Supreme Court as found him" guilty of mala fides in filing tho affidavit, and serious professional misconduct, was in. attendance. Air Justice Williams said he had consulted with tho other judges on the matter. It had been decided that tho Full Court would not meet to consider Mr Jollicoe’s application. If ho wished to make it, he must make it at ono of the ordinary - sittings of tho Supremo Court. At the same time, bo this Honor) should point out to Mr Jellicoe that by the practice of tho court it appeared that there was no jurisdiction to grant a ro-hcai’ng, but that his remedy, if he bad one, was by appeal. Further chan that, Mr Jollicoe’s motion seemed to have misconceived tho judgment which was given by tho court the other day. The judgment was that the affidavit should be taken off tho file, and that Air Jellicoe .should pay £lO 10s cost's. The judgment did not, as was said ’in tho motion, convict Air Jellicoe of professional misconduct. The judgment was no estoppel whatever in any other proceedings that might be taken against Mr Jellicoe. It seemed absurd to suppose, in such circumstances, that, even if a rc-hoaring could be granted, there could bo a ro-hcaring on the ground which ho suggested. AVhat he seemed to call the judgment of the court was not in fact the judgment of tho court. It was tho reasons on which tho court based its decision. In the course of giving these reasons the court made some remarks upon tho matter, which arose from the circumstances which were then before tho court. Mr Jellicoe said the reference.was to tho importation of mala fides. Air Justice Williams : That I understand. .

In Banco, j before the Chief Justice, later in the afternoon, tho matter was again under consideration. ' Air Jellicoe asked that the hearing of his motion for a re-hearing might bo expedited. The matter was ono of groat urgency to him, especially in view of a notice of motion for a rule nisi with which ho had been served. Ho did not desire to impede that motion, but rather wished to facilitate it. His Honor said there was a difficulty in making any arrangement which was likely to disturb the business of the Court of Appeal. Mr Richmond, representing the Wellington District Law Society, said he understood that it was usual to give a solicitor notice that an application for a rule nisi would be made against him, in order that he might appear, not to oppose the motion, but to hear what took place. Ho had asked Air Jellicoo that afternoon whether he wished to be present, and he said he did. He (Air Richmond) said that in that case ho would give Mr Joliicoo' copies of the papers which had been filed, which was done. That was all , that took place. Mr Jellicoe: My friend was good enough to givo me copies. He understood I should claim tho right to ho heard. His Honor: What I understand is that when notice is given in these cases, it is not with a view to the solicitor’s showing cause. Air Jellicoe said that anyone had a right to be heard when a motion was made against him. His Honor: I understand that no one can prevent you from applying to the court in a matter, no matter how hopeless tho application may be. I am now sitting to bear Air Richmond’s motion.

Air Richmond said his motion was for a rule nisi calling upon Air Jellicoe to show cause why ho should not be dealt with by the court for professional misconduct in the filing of an affidavit which was recently ordered to be taken off the file in the case St'eimnann v. De Courte. In giving judgment on the application to have’ the affidavit taken off tho file, the court expressed the opinion that tho filing of tho affidavit amounted to serious professional misconduct, and ordered the affidavit to remain in the custody of the Registrar. Tho Law Society, on its own view of the matter, and in view of the opinion contained in the judgment, felt itself bound to take these proceedings for the purpose of bringing the matter before the court on a. proceeding in which tho court could, if it thought fit, deal with tho solicitor for professional misconduct. The affidavits which had been filed simply brought the facts before tho court of an application to strike Air Jellicoe off tho rolls or surpend him from practice, or otherwise deal with him. His Honor; What is tho urgency of the apnlication ? Mr Richmond said it was, considered that it might bo desirable to have the matter dealt with before the judges, all of whom were now in Wellington, separated. It. was thought that the motion for a rule absolute might come before the Full Court on Wednesday. His Honor: So far as I can see the judges do not see their way to do that. Air Jellicoe said ho had filed affidavits in the matter. His Honor; I am not hearing Air Jellicoe to show cause. If the judges cannot sit to hear the matter, would it not be better to adjourn the motion for a rule nisi till some time near the next sitting of the Court of Appeal? Air Jellicoe: I hope your Honor will not do that. His Honor: I think that in the circumstances what I have to do is almost a matter of course. The only question is whether I 'should postpone it for six mouths, so that it might come on again shortly before the next sittings of the Court of Appeal. Air Jellicoe said it might, be that he would have to leave tho colony, on account, of his wife’s health, as soon as tho doctors would allow her to travel. It. would bo a disastrous thing for him to have to stay here for six months to meet, this matter. Air Richmond knew that for many months he had been anxious, to take his wife to London for medical treatment. His Honor; Are you prepared to facilitate the disposal of the matter to the extent of not requiring three days’ clear notice of intention to move the rule absolute? Air Jellicoe : Alosfc certainly. His Honor: And do I understand that the Law Society is prepared to go on? Air Richmond: Yes.

His Honor: Of course, from the view I have already expressed—and not only myself, but the rest of the judges—one would have hoped that some course might have been taken, which would have facilitated the whole matter. No doubt the judges intended what they said to bo a severe censure on Mr Jollicoc. I understand that you both think it is desirable that tho matter should bo disposed cf as soon as possible ? Counsel: Yes. His Honor; Very well. If the judges won’t take it. I shall take it myself. lam very much in this position, that I cannot help Mr Jollicoo moving. The court cannot help a person moving, although it may at once inform him that it does not see any possible chance of his succeeding. You say von want to move before mo now, Mr Jellicoc? Mr Jollicoo: Yes. His Honor; I do not see that it is much use. I do not wish to lend any colour to the idea that the court can re-hear its decision. Mr Jollicoo: I think 1 will ho able to show good reason why the court should rc-consider tho matter. His Honor; I will grant you an adjournment; but' Tam not suggesting that, yours is an application that can succeed. The rule nisi was then granted, cause to ho shown on Tuesday why it should not bo made absolute. His Honor also remarked: lam not at all sure that this application could havo been avoided in the circumstances. Bub I think that if Mr Jellicoe was well advised there ought to bo no necessity for tho 'court considering whether it should strike him off the rolls or suspend him from practice. That must depend very much on Mr Jellicoe’s own proceeding. The matter will therefore come before the court on Tuesday.