JUDGE AND COUNSEL.

Otago Daily Times, Issue 13927, 12 June 1907, Page 2

JUDGE AND COUNSEL.

A "BREEZE" IX THE AUCKLAND COURT. ■ THE LAW OIMWIDENCE. IFrom Ocb Ows '^oiirespokdest.) AUCKI-AXD, June 11. During the present, criminnl sessions at the Supreme Court I ho presiding judge has town! more occasions [or intervening between counsel and witness than lias Ikjoh thn rase for some time nasi. Hardly a •lay lias pawed that his Honor Mr Justice. Dennislon hae not rejected questions and quoted or stated rules [rtwiiing (he law of evidence. On somn occasions this has I'osiillwl in a "krene," wliiln on otliers the Irouhle lias subsided willr a lecture from the Ijeni'li. Ynstorday Ilis Honor remarked <lurin>,- the trial of two men fur alleged fraudulent reprofi'iitntions: "It would be well if you,

Mr Lundon, wonld make a. closer study of the Jaws of evidence." His llonor wont Oil to refer to tlio frpijuonoy with wliiclj lio had to intervene whfii Mr I.iiiidon had tin' witrx-ss in hand. " f will." said his Honor, " have to mark my siMitimi'ii! in a much more emphatio way if you p<Tfist in it lij- somotiiinr; that I have novor before had to <lo in Now /calami." To this Mr Lundon replied that he would not' continue his cross-examination, ns he wished not to run any " risk." His Honor sakl that Mr Tiiindon was creating an erroneous impression, ar.d ended the matter by ordering the witness, who was a constable, to lcavo tlio l>ox. Jlr Ignition did not continue the crossexamination, and passed tlio other witnesses over without questioning them. A little later Mr Lundon asked for a statement previously made by the accused, and proposed to put the document in. His Honor replied: "Mr. Lundon, is it not one of the best-known doctrines of English Inw tlint no statement made by au accused man could be used as evidence in his favour. It ran bo used against him. The sooner you roaliso this the better {oi us all." In an curly part of the cn«j Mr Lundoa had asked one of tho chief witnesses for the prosecution, who was manager of a brewery, whether lie-had any knowledge of two dozen of beer (marked "prepaid") having bocn sent to the- house of the eonetable who appeared in the case. The constable in question was the witness giving evidence when Mr Lundon decided that ho would discontinue the cross-examination of witnesses. Mr Lundon announced tho namo of a witness he intended calling, which brought the Hon. .T. A. Tolp to his feet. Mr Tolo eaid he understood that tho witness was called to give evidence as to the beer sent to the house of tho conBtnhle. His Honor (sharply): Is that so, Mr liundon'i Mr I.undon; Ye*, your Honor. Ilia Honor: You never askoil the constable about if. Whom do you intend to contradict? Mr liUmlon: I iwked the brewery man&ger about it. His Honor: In what way <lo you miggcet it is oVidonce? It simply jjocs to tho crodit of the accused. I am getting tired of doliverini; lectures on the A I? 0 of tlio Criminal Code. Mr Lundon: I oslted the manager, and he donied it. 1 propose His Honor remarked to tho effect (hat it. waa an imputation upon tJio credibility of the constable without hie bcinjr asked a question about it. Mr liiindcn: No, sir. His Honor: It is an imputation on tho constable's chftraetor. Mr Lundon: You remember the circumstances? Hie Honor (warmly): Ah ! There — yos, because I ruled against you upon a question you refused to continue. Mr Lnndon: I mean tlieeo circumstances. His Honor: What circumstances? You moan that I prevented you from Roini? on. I cheeked you. Howovnr, this is a different question we arc dealin? with now. It is how far this is admissible. What haVo you to say. Mr 'Me? Mr Tole: Tho cor.elablo should bo allowed to go back into tho box. It is an imputation upon the character of the constable. His Honor: Mr Lurvlon has now suggoeted that it is not an imputation. A few remarks followed, and then bin Honor turned sharply to Mr Luntlon and said: "The next time yonr feelings overcrane, jon I bog you will ask mo for ii short adjournment until you have recovered. Pray remember that." Mr Tole: I will put tho constable in tho box. His Honor: The rulo is clearly to prevent 'extraneous matter being brought in by cross-eiramination. His Honor thereunon ruled that the evidence was not admissible, Mr Lundon: That is my case.