BENCH AND BAR.

NZ Truth, Issue 184, 26 December 1908, Page 7

BENCH AND BAR.

A Verbal Scrap. Barrister Hanlon, D-unedin, top-dog defender of criminals, is never milk and •watery m his methods. He is out to win, if possible, and never . dons lavender gloves for a forensic scrap. His attitude is summed up by, an incident, trivial m itseilf, but significant, which occurred m the. Police Court a few days ago. The Chief. 'Tec. asked if he would consent to two informations being taken as one in' a 'certain case. To the enlightened layman there does, not appear much m the point, but Hanlon was taking no chances, as it was a case for committal to the Supreme Court, and he rapped, out brusquely, ".No, 1 I ; : - I CONSENT TO NOTHING. I've .got my .client's, interests to look after." That's his brisk and breezy method, and a very proper method too, from counsel's and accused's point of view. And as Hanlon plays the game m spite of his hard-hitting, it isn't olten that he gets into a verbal "mill" with the Bench. But he and Magistrate Widdowson got to each other for a few bright and willing rounds m a case last week. Mr Widdowson was giving his decision lin the case m which Maurice Langley was charged with being .drunk while m charge of a horse and cart, and, further with furious driving, on the same occasion: It was the arrest of Lan^ley which led to the stone-throwing affair, as the outcome of which young Vernon was charged with assaulting Sergt. McKeefry, as-- reported m "Truth" last week. Vernon was giien the benefit of the doubt, it will be remembered. Before the Magistrate &aye his decision, Su'a-Inspector Norwood asked to be allowed to call the watch-house keeper as to Langley's condition on the arrival at the lock-up and to put a barmaid m the witness-box. • The Magistrate said he did not consider that evidence was necessary.. He added that he had carefully considered the case since silting the . prevkus day, and his opiriion then formed was confirmed. HE HAD NOT THE LEAST DOUBT that Langley was drunk whilst m .charge of his hoxse' and cart. The only point about the case was m regard to the second charge, which need not have been laid, as whatever happened was" the outcome of the man's condition on which the first information was laid. He intended, therefore, to treat the whole thing as one. Defendant was convicted and fined £4," with costs. " Mr Hanlon, who appeared for accused, asked Inert the fine be increased to £5 Is, so as to allow defendant to appeal. He submitted that there was such -an amount of relia'ole evidence for the defence thatxit was only rie;ht'that the opportunity to appeal should be given. The Magistrate : I think I am capable of weighing the evidence, Mr Hanlon, and I have weighed everything very carefully- . Mr- Hanlon : No doubt, your Worship, but it is human to err, and judges, juries, and Magistrates are all liable to make mistakes. I think, m the circumstances, it is only fair to give, defendant leave to appeal. Mr Widdowson reiterated that there was no doubt whatever m his mind; to which counsel replied that th re was a great deal of evidence on behalf of' defendant. The Magistrate : There is quality and quantity. We have the evidence of the co,nsla'le, thi evidence of Mr Bell, also the evidence of one of defendant's own witnesses as to defendant's condition. Mr Hanlon (warmly) : Surely, your Worship, the constable's evidence is the only evidence as to defendant's condition at the time of arrest. All the other evidence is.' to the time he* suffered preat mental excitement. Surely bystanders were capable of judtring. Mr Wic'dowson replied that he did not think that bystanders m the e;reat crowd were alto?e f her capable of judging, m the circumstances. After more argument, the Magistrate renlied, • firmly and; finally.: "No, Mr Hanlon, I will np't increase the fine. In tlie . circumstances, - ' I MUST REFUSE YOUR REQUEST." Alfred,- "What was the result of the other case," Mr Widdowson replied that it was dismissed". Mr Hanlon : Dismissed on the charge which was the cause* of arrest ? Counsel . then sat down with a final remark which was not caught. This aroused Mr Widdowson's ire. "I will not allow remarks like that m my court," he said, with UO h.p. sternness ; "I did no.t hear what you said and it may be a stage whisper, but I caVt allow it. Whitjver the conse uences were, the second char b arose out of the first. The man > was charged with being drunk while m charge of , a horse and vehicle. And from that condition negligence is probable." "My remark was. not a stage whisper, but intended for you to hear," retorted counsel. "Whit I wanted to know was, if the defendant is acquitted on the charge which was the cause of his being arrested ? It was the gravamen of the whole thing." The Magistrate : It is simply a formal dismissal on the second charge. Counsel : Dismissed. The Magistrate : Yes. Counsel : And not convicted ?—Certainly not. ■ , "Very well, then," returned Mr Hanlon, triumphanily seizing the .last word, "that means he is acquitted." Which seems rather obvious, come to think of it... , ;