AN ECCENTRIC JUDGE

Otago Daily Times, Issue 15064, 10 February 1911, Page 5

AN ECCENTRIC JUDGE

REMARKABLE STATEMENTS. MR JUSTICE GRANTHAM CRITICISED. STRONG PROTESTS. Picas Association—By Telegraph—Copyright. LONDON, February 8. Mr Justice Grantham created a. sensation at the Liverpool Assizes by repudiating what ho described as a charge of political partisanship, arising out of his decision in tfco Yarmouth election in 1906. Scarcely a week since had passed, ho said, without his receiving threatening and insulting letters. Ho denkd. all partisanship on that occasion, and was astonished that ho should bo so charged. Later in the day Mr Justice Grantham, ir. sentencing a Canadian criminal, said that the prisoner was tho sort of reciprocity that Canada- has for England. Canada wae sending her criminals here to be punished, but in other matters she sought reciprocity with tlie United States. Tlm Manchester Guardian denounces this as an offensive reference, and eays that tho judge's political partisanship colours his whole conception of judicial conduct. The Daily News condemns his incapacity to take a judicial view. Tlie Daily Chronicle says that Mr Justice Grantham is unable to realise that a judge requires self-repression. The Morning Leader says his natural and unconscious bias is a positivo peril to anyone who may have to be tried for liberty or life. Tlie Westminster Gazette thinks the outburst is merely a " swan song," preliminary to his retirement. In tho House of Commons Mr Asqnith commented in grave tones on Mr Justice Grantham's remarks, adding that tho House of Commons was scrupulous of censuring or even commenting on his• Majesty's judges, but a reciprocal obligation on their part was expected. The Great Yarmouth election petition in 1906 was dismissed. Mr Jtisfice Channell held that tho election, should bo set aside on the ground of bribery by an agent, but Mr Justice Grantham could see no evidenco of agency proved against., Mr Fell, who was the Conservative candidate. Mr Justice Grantham's action in connection with the Yarmouth petition aroused considerable feeling at tho time, and in the following July there was a discussion in Parliament on the subject, In the course of a spccch, ihe then Attorney-general said lie regarded Mr Justice Grantham's conduct as most unfortunate, but probably it was due to thoughtleesncss. Perhaps tho worst featuro in the case was the speech delivered by the judge in the Yarmouth Town Hall. It had been construod as a disparagement of tho petitioner's ease, and it would ho difficult to justify it, but tho very candour with which the spcech was delivered showed that the judge had no intention of doing anything \rfiich might icad to a perversion of justioe. As an indiscretion the speech could not be condemned too strongly, but ho could not regard it as "moral misconduct."

Mr Balfour held that the Ati'crneygeneral h;id passed too severs a censure on the speech delivered by Judge Grantham at Yarmouth, for at that dinner tire host was a Radical, both judges were present, and the guests included both Liberal* and Conservatives. With-regard to the cTTargo of inconsistency . against the judge, it should bo rememfcered that the judges were, in accord as regards treating, £0 how could it be maintained That Judsc Grantham had been guilty of conduct amounting to corvupfion? Sir 11. Ciimpbnll-Bannerman said Judge GTiintham was an honcet, straightforward, and amiable gentleman, but an outspoken, intemperate partisan, and it was a deplorable mistake on his part not tp have avoided being fhevd on the rota cf judcres for tho trial of election [letitions, for ho was so saturated with party feeling that, he could not help its coming out, and that was a very serious fault in a judge. Eventually a motion that the House should nreolvo itself into committee to consider the report of the proceedings on the trial of the election petition for Yarmouth and tho complaints which had been made of the partisan and nolitieal chancier of the conduct of Judge Grantham during the trial was withdrawn.