A BREEZE IN COURT

NZ Truth, Issue 818, 16 July 1921, Page 6

A BREEZE IN COURT

Chief Detective Ward and Lawyer ' Sievwright Fly Off The Handle

Tho Ethics of " Keel-hauling " and " Brow- beating."

The nice, quiet, usual, customary calm of the Wellington Magistrate's Court was disturbed last week by a gentle zephyr between Chief-Detective Ward and Lawyer A. B. Sievwright. Tt wasn't long before the zephyr developed into a distinct breeze, the breeze into half a gale, and beforo the court habitues had timo to grab their hats and button up their coats, a howling hurricane blew fourteen windows out of the building. Then, luckily, the sun came out, and calm and peaceful was the scene onco more. The little flare up occurred during the taking of a wee girlie's, evidence m a case where a man named Thomas William Steel, a one-legged individual, was charged before Messrs. W. Hennah and H. Seaton, Justices of the Peace, with having indecently assaulted the little girl, who was under ten years of age. The accused has a picture-framing business at 478 Adelaid,e-rbad-, at the corner of Britomart-street. The girl lives m Britomart-street, and. on July 29, the child, who was collecting money for a Sunday, school fund, "called at accused's shop, and he gave her a penny. The prosecution alleged that acaused took the child behind a screen. Later the child informed her mother of what occurred. The chief-detective placed the little, girl m the box and asked her, amongst other questions, }F SHE HAD BEEN KISSED by anyone else, but her father. The child replied "No," and then corrnctpd herself by adding "Yes, by that man." Mr. Sievwright, at • this, jumped up arid appealed to the Bench to have the "No" typed down m the depositions. The chief-detective retorted that he was not going to be keelhauled by counsel- Mr. Sievwright then stood on his dignity and appealed to the Bench for protection, andi a pretty battle of words ensued. / "I am not going to stand this sort of thing from the chief-detective m this court,"- said Mr. Sievwright. "I have had this sort of experience with this particular counsel m this court before," replied the chief detective. "I do not know of any other occasion," replied counsel. "I have conducted many other cases, and we have had arguments, but I am not going to stand- this sort of thing. I ask for leave to withdraw from this case if this is not cleared up!" The chief- detective: I ask your Worships to proceed with the case. Counsel: I cannot remain m this case, your Worships.' until the chiefdetective withdraws and apologises, and expresses regret for using that term towards me — that one naturally expects from 1 a gentleman. "I am nothing to withdraw," said the chief sleuth. "I consider that counsel was trying to browbeat this little girl and I nised the expression keel-hauling m that way. I say now that he was trying no brow-beat me.' Counsel: I appeal to your Worships. In what way could my question be construed as brow-beating? The expression is not only unfair, but is a reflection upon me as an officer of this court. . I hope I am impressing your Worships that I am m, deadly earnest m this matter. If your Worships think fit, I appeal to your Worships to submit the question to a magistrate. If the chief- detective refuses to apologise I ask permission to leave the court and WITHDRAW FROM THIS CASE. The chief -detective: Then will your Worships order me to go on with my case, or do you wish to refer the matter to these higher authorities? Counsel: You are only trying to side-track me. Insulting' slang like t "keel -hauling" cannot be directed against me m this court with impunity. If your Worships' will decide. I ask you to refer the matter to a magistrate. The chief-detective: In the event of counsel withdrawing, will your Worships adjourn the case until next Wednesday? I endeavor to conduct my cases In this court with scrupulous fairness, and I object to being constantly interrupted by counsel. -I enjoy the confidence of the Bench m Wellington, and" I believe that I do not transgress any of the rules m my examination of witnesses. It is a shocking thing that we have had this scene here this morning. I have had before to appeal to other ..tribunals, and they have come to pny rescue, and I have not been ruled to 'be wrong. If counsel wants to withdraw, I ask that the case be remanded for a week. Counsel: I am also an officer of this court, and I claim that I was entitled to insist on the girl's reply going down m the 1 depositions. I am here m the interests of. justice no less than the chief-detective. I cannot allow him to accuse me of "keel-hauling" a witness. That is A SLANG EXPRESSION Which has never been used to me before. Surely, your Worships see that the chief-detective is not fair! I look upon the expression as an insult and I look to the Bench for protection. The' chief- detective: I, do not propose to withdraw it, or d?o anything of the kind. Counsel was looking for what he got! Counsel: Do you decline to withdraw the expression? „ "I will withdraw "keel -hauling" an<3 substitute "brow-beating." •» Counsel: I appeal that "brow-beat-ing" was also equally unjustified! The chief-detective: Counsel is now asking the court to censure me. Their Worships then timidly murmured that counsel had not been guilty of "brow-beating," prior to the incident. Captain Hennah added, "We do not appear to be getting anywhere but up a blind alley m this matter, and when we get to the end we'll fin.ish up against a brick wall. The Bench finds it very hard to express an opinion." ■ " x The chief-detective! :We'fl probably get on alright now if we proceed. Counsel: I would like to know what the Bench thinks about this matter* Then the storm sort of blew itself out and subsided. The, evidence was completed, and accused, pleading- not guilty, was remanded on bail to tlie Supreme Court for trial.