CONTEMPT!

NZ Truth, Issue 1199, 22 November 1928, Page 3

CONTEMPT!

Solicitor's Passage At Arms

(From "N.Z. Truth's" Otaki Representative). That salubrious seaside health resort, Otaki, has achieved notoriety. The sensation of the year has given local gossips something to talk about and tongues are still running- hot.

THE scene of the drama was the A Otaki Magistrate's Court, where the probably unprecedented occurrence of a solicitor, engaged as counsel defending a claim for moneys allegedly due, was ordered to be placed m custody by the presiding magistrate. The wordy battle throughout the hearing of the evidence culminated m Magistrate Stout ordering the constable on duty to arrest defending counsel, Lawyer Taylor, for conte/npt of court. The whole trouble arose out of a claim by Frank Higgott, a horse trainer, foi' expense's incurred m connection with a racehorse, W. O'Brien, for whom Taylor appeared, being the defendant. Lawyer A. Morris Dunkley, of Wellington, held the legal reins for Higgott, find placed his client m the box to explain to the court how he made up his claim. It was during a lengthy cross-ex-amination at the hands of Lawyer Taylor that the magistrate had a word to pay. .' Counsel was apparently getting off the beaten path of legal procedure, and the S..M. told him he was too long m coming . . * - to the point. Lawyer Taylor thereupon interjected and was met with the retort from the bench: "Will you Keep quiet and not argue with me?" And then the dialogue between the bench find counsel started. Counsel: Please be patient, sir. The bench: I am very patient.' Ask direct questions. He is a difficult witness. I don't want to reveal my defence. Can't youtake a note of what I Avish, please? The bench: I'll do as I please, and won't be dictated to by you. . Keep quiet. I can't till I've finished. Sit down! I can't. Sit down, I say. All right; perhaps we can now proceed. Thereupon a lull m the storm until witness m the box ignored some of counsel's questions. > Counsel (to witness): Answer my questions. The bench: Proceed, Mr. Taylor. Don't waste the time of the court. Counsel: I know who. is taking up the time of the court. . Witness: You are. Almost immediately a sharp exchange between both counsel ended m Lawyer Dunkley asking his learned friend not to put irrelevant questions. Lawyer Taylor: Mind your business, plea.se, Mr. Dunkley.

Into Custody

Lawyer Dunkley: Your questions are absurd. The witness has explained matters. „ The bench: Ask direct questions, Mr. Taylor, and we will get on a lot faster. ' . The weary business continued, with countless interruptions and interjections, until Lawyer Taylor burst out with: "Please, for heaven's sake, don't badger me any more." Lawyer Dunkley: You'll' be a nervous wreck before you're finished. Carry on. When defendant O'Brien was nearing the completion of his evidence, trouble again arose between his solicitor j and the court. Counsel interrupted his worship and was told to sit down. "I don't know where you have been trained; if trained m the same court as I was," went on the bench, "you would not behave m such a manner." The climax was reached when Magistrate Stout told Lawyer Taylor to stand up when he Avas addressing the court. Counsel was further informed that if he didn't keep quiet he" would be fined for contempt of court. Counsel submitted that the bench ' was arguing with him. . The bench: Will you behave yourself? A further inter- "■ ' ruption on the part of counsel and he was told to apologise or leave the court. Counsel: No, I will not apologise. The be.neh: Leave the court. Counsel: It is most improper. The bench: Constable, take Mr. Taylor into custody arid keep him there until the rising of the court. At the conclusion of his defence, O'Brien asked it his counsel could return to pburt. The bench: Yes, if he apologises. The constable - interviewed Taylor, but the latter refused to tender an apology, whereupon the other solicitors present asked permission to see him. Eventually they returned, bringing m their midst their disgraced colleague, who tendered an apology to the court for his b,ehavior. His worship said he regretted the occurrence, but remarked that a solicitor should hot try to talk a magistrate or another solicitor down. "I accept your apology," he said, "and trust you will understand 1 have done my best m the matter. It is. not my wish to be harsh." So the storm subsided to a breeze and gradually faded out, the parties dispersing with the magistrate entering judgment for plaintiff for the full amount of " his claim.