TRIBUTES PAID

Otago Daily Times, Issue 27043, 30 March 1949, Page 6

TRIBUTES PAID

MR H. W. BUNDLE, S.M. LAW SOCIETY FUNCTION “In wishing you au revoir, I feel sure I would be failing in my duty if I did not say on behalf of all present that we have always respected you for your good qualities, but besides earning our respect you have earned what is much more important—our affection,” said Mr G. M. Lloyd, vicepresident of the Otago District Law Society, yesterday in the course of the tribute which he paid, on behalf of the society, to Mr H. W. Bundle, S.M., on the occasion of his retirement from the Bench. The function was held in the. Magistrate’s Court. Associated with Mr Bundle on the Bench were Mr J. D. Willis, S.M., and Mr A. E. Dobbie, S.M. The court was filled to overflowing with members of the legal profession, and at the conclusion of the speeches, Mr Bundle left the Bench to speak to several of them.

After explaining that the president of the Otago District Law Society, Mr C. B. Barrowclough, had been prevented by illness from attending, Mr Lloyd added, “ but this is an occasion whe.n the president and vice-president think as one." War Service

Mr Lloyd said he understood that his Worship had begun the practice of law in Lawrence in 1904 before entering into partnership with Mr Donald Reid, jnr., in Dunedin in 1905. This firm had remained in existence until the outbreak of the war in 1914, when though voluntarily enlisting for service, Mr Bundle had failed to pass the medical test. He went to England, however, and served for the whole of the. war period with credit to himself and his country. Mr Bundle was appointed to the Bench in 1921, and since 1922 he had presided over the court in Dunedin with undoubted distinction. Mr Lloyd went on to refer to Mr Bundle’s “ infinite patience,” Which could well be a model to Bench and Bar alike. “ His never-failing kindness and his invariable courtesy to us all and to the members of the public generally will always be remembered," Sir Lloyd said. “These qualities have created a very pleasant and happy relation between Bench and Bar. We have always left your court satisfied that the cases have been heard patiently, impartially and humanely,” Mr Lloyd added. “Win or lose, we have never left your court unhappy, dissatisfied or disgruntled.” Mr A. G. Neill said that Mr Bundle had always upheld the highest traditions of British justice and his many good qualities had endeared him to the Bar. “ I think, it is remarkable that Mr Bundle has never given way to a display of temper,” Mr Neill continued. “ There were times when the atmosphere in court became tense, but Mr Bundle has always been able to control himself under the most trying conditions and members of the Bar would like to know the secret of that control. Mr Neill said that his Worship had always sought to assist the “ underdog.” Many years ago he had been asked what he thought of Mr Bundle and he had replied that the most characteristic thing about him was his tempering of justice with mercy. Mr Bundle’s Reply

Mr Bundle said that after listening to the speeches that morning he felt like Alice in Wonderland —he could not recognise himself in the looking glass. He mentioned that he had seen a number of important changes in criminal and civil procedure during his stay in Dunedin. Twenty, years ago there had been a greater number of civil actions involving motor car accidents than there were to-day. He was pleased to see that the Admiralty rule concerning negligence had now been embodied in legislation, and this allowed a magistrate to apportion the degree of negligence.

“I have always had a soft spot for the young offender,” Mr Bundle continued. In many such cases he had granted an adjournment, giving the police the right to bring the case at any time. He was pleased to say that there were few occasions when such offenders appeared before the court again. He referred to the difficulty that some offenders had in obtaining bail and he thought he had been the first to adopt the practice of admitting an offender to bail on his own recognisance on condition that he reported regularly to the police. There had not been any statutory provision for this until much later.

He had seen many able counsel in the courts presided over by himself and he would always remember the late Mr A. C. Hanlon, K.C. He was a man of outstanding ability. “He had a most persuasive manner which was almost mesmeric, and at times I had to shut my eyes in order to get back to the. facts.” He added that he had always been anxious to assist members of the Bar, particularly the younger men. He had received every consideration from the Bar both in Dunedin and Oamaru, and he wished to thank members for that. He referred to the cordial relations that had always existed between himself and his brother magistrates in Dunedin and to the assistance given him by the many able men who had been in charge of the courts, and he also paid a tribute to the ability of the staffs. He criticised, however, the system of transferring men just when they were becoming most useful. Mr Bundle, with Mrs Bundle, will leave this week for Nelson, where they will in future reside.