WHEN THE GUN WENT OFF

NZ Truth, Issue 1035, 26 September 1925, Page 3

WHEN THE GUN WENT OFF

DLKJFSDINSD NDMIIDFJOIDSIJD

MAGISTRATE GETS IN A BROADSIDE

(From "Truth's" Special Auckland Rep.)

Most aptly the case out of which arose an .explosion m the Magistrate's Court on Friday was brought under the arms act. The decision of the bench caused a remark from the losing counsel and the lawyer who did not know the carrying power of his own voice got vocally "shot up" by the Bench.

There's nearl5 r always a woman m the case, and when William Joseph Holmes Avas charged at Auckland with carrying a revolver beyond 'his dAvelling, arid for procuring such a weapon without a permit, he had to thank his Avife. Holmes had been farewelling a revue company behind the scenes, and with the usual suspicion of Avives, his did not approve of this consorting with the frolicsome maids of the footlights. FAT WAS IN THE FIRE. The matrimonial fat Avas m the fire, and m justification of- the information Mrs. Holmes* gave the police, she complained that he had threatened her with the revolver, .AA'hich Avas one of the theatrical properties. She later withdreAV this allegation. Mr. Biern-Ackl for the man behind the gun suggested that a small fine would meet the case. This Avas not -Mr. Poynton's opinion, hoAveve'r, and he imposed a fine of £5 and costs. The acouetics of the Auckland Court are father deceptive — we commend this fact to the various members of the legal profession — and when Mr. Biernacki remarked m a stage whisper, which he possibly thought was "under his breath": "By Jove, he is rubbing it m!" the atmosphere was electrified m the space of time it might take a fly to wink. Daily, casual, or involuntary attendants at the Court may hold the impression that Mr. Poynton_on the seat of justice is thinking of anything but those matters Avhich immediately surround him, the Einstein theory or Avhy does a dog Avag its tail v and a woman her tongue. The impression is far out. No one Avas more surprised than the offending laAvyer Avhen the Magistrate came to life Avith a, jolt, leant forward, and asked sharply, "Did you make that remark, Mr. Biernacki?" "Which remark, your Worship?" "You made an audible comment to the effect that 'the Bench Avas rubbing it in.' Your client is liable to a fine of £GO," said Mr. Poynton with j some heat. "I made the observation to myself," said counsel. _

"It was audible to the Court. You must apologise or suffer for .it." From then on for the period of several minutes the air was electric. On the one side the lawyer made repeated efforts which were prefaced with "I submit," while the Magistrate, by now thoroughly irate, retorted "Submit nothing!" It was shrapnel versus ;high explosive, finally a broadside from the entrenched position of the Bench gave the impression to the gaping spectators that there would be an early removal of a . victim to verbose artillery — a legal casualty. - "Say no more." "Sit down, or I will order a constable to remove you." '"No, I will not hear you to-day. You must come to the Court to-morrow to show cause why you should not be committed for contempt of court." Mr. Biernacki still "wished to say," but the fire m the eye of the Magistrate was getting ominous, and he was once more ordered . to say nothing, but to save it for the morning. At the conclusion of the next case the lawyer with the voice not sotto voce enough said he wished to"' apologise; he had made the remark without thinking-. , He had no intention that it should be overheard or should convey any disrespect to the Court. THE STORM SPENDS ITSELF. The storm had spent itself, and the Bench accepted the apology Avith the observation that "It was ah improper remark." .. For bringing the revolver, the cause of all this hullaballu, into this land of peace, Lester Sinclair, the manager of the King's Theatre, was mulcted m costs, and the weapon of many gory (stage) deeds went into the police armoury for keeps. I