SENSATION IN COURT

New Zealand Times, Volume LIII, Issue 12483, 26 June 1926, Page 5

SENSATION IN COURT

ASKED TO LEAVE BENCH MAGISTRATE AND COUNSEL REFERENCE TO FORMER JUDGE Per Press Association. AUCKLAND, June 25. One of the greatest sensations caused in the Police Court occurred today, when Mr R. A. Singer, who was appearing for a woman charged with assaulting John Henry Hannan, asked Mr J. W. Poynton, S.M., to vacate the bench and let one of other three Auckland magistrates take the case. “There are two applications I desire to make, and the first I make vvith the utmost reluctancy,” said Mr Singer, in opening. “Anyone who knows me knows that I am the last person practising in Auckland who would in any respect desire to try to cast a slur upon the Bench. I feel that I would not be doing my duty to my client if I did not make this request. I ask Your Worship, seriously and earnestly, not to hear this charge. Perhaps I might say that, in consequence of a few remarks passed by Your Worship on this matter, trivial, no doubt, it seems that Your Worship has some leaning—l will not say to what side.” NO LEANINGS The magistrate: I have no leaning towards anyone. I simply told you before that the case would not be taken before 12 o’clock. In ihis remark the magistrate referred to Mr Singer, asking, at about 11.30 a.m., to have the case stood

down in order that he could attend in the Upper Court. The magistrate said that it would not be taken before 12 o’clock, to which Mr Singer replied that he might not be free then. The magistrate then remarked that the court could not be arranged to suit counsel’s convenience. Continuing, Mr Singer said that he appealed to the magistrate not to take the case. If reasons were wanted, counsel would be reluctantly compelled to give them in open court. The Bench: You had better give them. If you have any charge to make, make it. Mr Singer: I have no charge. The Bench: If you are presuming that I will be biased, make it. Mr Singer: I have not said so. I have the feeling that in your judicial position you may he what might be called biased. The Bench: If lam biased before a case is heard, I am unfit to be a magistrate. Mr Singer: I refute that. What I mean is that every person, however judicial, must necessarily be a mere human being, not an automaton, and will be influenced by friendships and associations. Mr Poynton was about to make reference to the allegations that had been made against Sir Robert Stout, when Mr Singer interrupted hy saying that if the Bench got on to the subject of Sir Robert Stout, counsel would keep him there all day. Referring to another former judge, counsel said New Zealand had suffered from one of the most unjust judges, with the possible exception of Judge Jeffreys, that ever sat upon an English bench. So much so that the majority of the members of the Bar of Auckland not only assented to a request, hut signed their nnmes to a petition saying that the judge was a menace to tho administration of justice They had said what they thought, and had suffered for it when they appeared before the judge referred t».