TO AVOID PUBLICITY

New Zealand Times, Volume XLIII, Issue 10002, 20 June 1918, Page 7

TO AVOID PUBLICITY

AN UNUSUAL APPLICATION MAGISTRATE REFUSES TO GAG THE PRESS. NO CLASS DIFFERENTIATION. When tho case Kathleen Ellen Mulholland against Frederick James Mulholwas mentioned in the Magistrate s Court yesterday, respective counsel made strong representations to Mr F. V. Frazer, S.M., who was on the Bench, to have the case kept out ot the papers. Tho case was a re-hear-ing in regard to maintenance. Mr -P. W. Jackson, wlio appeared for complainant, eaid there was really no quarrel between tho parties. Defendant was a doctor attached to the New Zealand Expeditionary Force, and in view of this it would he advisable if the case were not mentioned by the press. He asked the Bench to direct tho reporters present not to publish details of the case. Counsel for defendant was agreeable to this course. Mr D. Jackson said it would suit his client to have th© case, kept out of the papers. He suggested that the case could be heard in the magistrate’s room, which could! be declared an open court.

The magistrate firmly replied that he would not give any directions to the reporters Further, he hod no power to do so. In Auckland he never had adopted such a course, and would 1 not do so here. Ho always found that the editorial staffs of the papers exercised every reasonable discretion. People from the slum s might feel the same anguish of mind that a doctor might feel at a case concerning them being heard before the public. There was no reason for class . differentiation. He could make no direction to the press, and all that lay in his power was to forbid! the publication of anything obscene. There was nothing obscene in the present cose. At any rate there were nob many people about tho court to Listen to the case that afternoon. Mr P. W. Jackson: ‘‘lt is.not the public; it is tho press.”

Mr Frazer; U I have no control over the press. I prefer to leave It to the discretion of the reporters. Even if I did desire to prevent them reporting the case I have no power to do so.” Mr Jackson; “But tho very fact that he is being proceeded against is prejudicial to bis interests.” Mr Frazer: “Can’t you see that this entirely lies with the press? I cannot do what you ask.” Mr D. Jackson: “But another magistrate hero has been able to hear such cases in chambers.”

Mr Frazer: “I have nothing to do with what other magistrates might do. I have my own rules and I am not going to make a step in this direction.” After further _ argument Mr Frazer suggested that if the parties were so anxious to avoid publicity, they could surely hold a private conference and settle their differences.

Mr P. Jackson said that this - conference had been'hold,. But'they' could not come to terms.

Finally, after a hurried conference between tb© respective counsels it was decided to ask for an adjournment. The case ’accordingly was adjourned until 2.15 p.m. on June 2lst.