DEATH OF MR B. C. MAGGITT.

Otago Witness, Issue 2292, 3 February 1898, Page 30

DEATH OF MR B. C. MAGGITT.

Though il \v:s not unexpected by those who know the sbate of his health, the nawa of tua death— sudden at tUe eud — of Mr B. C. Haggitt on Tuesday morning caused a fchrill of regret, more particularly among the members of the l"gdl profession, of whicli he was a dutinguhued ornamoub. Mr Haggibt had been iv a more or l^bs precarious sLata of health, suffering Train disease of in • he.u-b, fo? several weekj pa.i,t. In the course of the lisb important caio^ iv whiih he was engaged iv the Supreme Cjuct — the cases, immediately before the vacation, of Brooks and Co. v. the ColunUl Bank and Connell and Co. v. the Cjlonial Bank — the facb of his suffern-g was patent,, and ifc was because of the illness that he ;eliuqui*hed the leader's brief in those cises to Sir lioberb Stout, who, putting aside otber engagements, came from Wellington at Mr Haggibs'd request to lead for the defendants, aud thus relieved Mr Hsggitt of a r^jporsi'iiuty that iv his then state of health would have pressed mu.ih too heavily upon him. E2r Haggilt mada one subsequent appearance ia court, Imc thab was m a prosecution oa behalf of tho Ctibtoms department in the Police Courb. That was ou the 21st December laat, and after returning hooie that- night he did not again vi it his office. He sought a change of air for the bencfia of his health, bub as there was no imptoremenb he returned to his home. His condition fluctuated greatiy, aud some d*ys he rallied surprisingly. On Tuesday morning he wa& able to leivs his room and go dawn-tairs,. and be wsr reading the morning paper whtn the summons arrived and he passed quietly aw.iy at 10.30 a.m.

Mr Haggitb was born in April, 1833, his native place being Toronto, Canada ; and he was an infant when his father, Mr D'Arcy Haggibb, sen , who was a solicitor by p-ofees'on, rtniived with bis vri<e and f-^mi'y to Tts mania and nettled iv Hol-a-b. Me B. G. Hag^ifc was i'daea'ed at the HutcUn School undtr tho R^v. John B'H'k'ar.d, under whom many mea well known in ttse colonies were educated, among them bf-itif,' tbe Messrs ,Q. ar>d A. Perry (ot Tirnaru), Mr Martin Chapmau (ot Wellington), Mr G. M. Ball (of Wantwood), and Mr A. J. S. G(bbs (formerly of the firm of G.bbs and Clayton), all of whom were coziteuipor^ries with Mr Hajgstb. Tha latter, having served his articles under his father in IVsmißis, v*as admitted io tho bar in Hobirb in 1861. In the following ypar he came to Danedin, aud on the 2nd June, 1862, commenced the practice of his profession in an office which he took, ia the first iubtance lor six months, in Victoria Chanibera, Manse street, from Meiers Wrght, Robertson, and Co. This firm w-d the precursor of tho present firm of Messis Wr'ght, Scephtnson, aud Co., aud the relations of landlord aud tenant between that firm and Mr Hsggibt were never disturbed trora their very inception, for when Messrs Wright, Scephenson, and Co. removed to premises in High etre- b Mi- Haggibt's firm removed with theua. Iv 1861- Mr Hagijslfc was juiaed in partaeyihip by l.lv John Slauiuer, bat the partuer.-hip w.vs O.iss ilvt-d a year laber — in the etui of April, 1865. Mr 13'A.rcy Haggitt, sea., having come over I'rjoi flubvi'b, ths iather aud son entered inbo p. partnership uader the &tyle of Hoffgibt and Hag^ibt, aa from the lsb January, 1866, pnd th-ib was terminiucd by the death ot the elder gentleman, liberally in harness, iv July, 1869. Prior to this, however — ou the 21>-b March, 1867. — Mr B. O. Haggibb w.in appointed Crown soho.bjr for uho provi^c^ of O -gJ, niid was giz.-ttec l . hs sujU ou the 23id of March of thab yea", upon the resignation of the present Caiei Justice (then Mr James Pieudergast") to assume the office of Attorney-general. Afber the death of his father Mr B. C. Haggitb carried on business ia his own name until the Ist November, 1871, when his brother, Mr D'Arcy Haggitt, who bad joined him as a clerk in June, 1864-. and Mr Spencer Breafc, who had been a clerk iv his offi:e from January,

1865, were admitted by him into partnership, there being then inaugurated a partnership which continued without a break ever siuce, constituting the oldest existing legal partnership in the colony.

Mr Haggibb was a man who wrapped himself up a grcab deal in his profession, and latterly he did nob devote himself at all to public* affairs, bat in the provincial dayd he wad a member of the Obago Provincial Council. He was first elected in October, 1865, when vacancies in the representation of the Ciby of Danedin were caused by the resignations of Messrs T. Dick and 11. B -.stings, and Mews J. G. S. Grant and Huggitb were then returned, the defeabed c\ndidates being Messrs W. Mason and T. B'i'ob. Ib was said at thab time that Mr Haggiti owed his snecsss to thf support of the Atjc^nb Independenb Order of Oddfellows, of which he wa^ a member. In 1867, Mr Haggitb offered himself at tha general election, and among the 18 candidates who offered themselves for the City of Dunedin he was one of the seven who were sucsesa^ul, ths result of th^ uol'iug being: G. Dunc-n 753, W. H. R-ynojis 746, G. Tumbull 737, Juliui V -gel '7os, Joha S.bbald 6H. Juhn Miller 571, B. C. llv.;ifcu 495 (r lteted), J. M'lndoe 456, M. Kidafcoa 404, J Turner 39L, J. B.rnes 337, Cairlts Smi'h 286, F Di.Ln B-ll 285, Divid R >ss 246, A. O.rrlc'x 222, 8..8. Ctrgill 195, J. G S. Gr*n<3 3S, J G-ahim 9 Shortly after this— on the 15-.h April, 1867— Mr Haggitt wf.s appoint-d pruvinciil solicitor, aud again in Miy. 1868, he wa.s appointed to lbs saina position, and a member of the Exacu^fve along with Mf Donald Reid and Mr („ow Sir) Julius Vogf-1, with whom he resigned in 1871. Mr ll*ggitt did not oifer him3elf ss a canaid-^te tor rc-elccbion in ths latter yea«", but iv 1873 he was again elected one df the sevtjti members for l)un-'Cii), thf> polling being : J D*vifi 897, G. Tur.ibal! 897, W. II R-=yuo'ds 828, H. S Fch 690, G K. Tnr'ou 6i9, B C. Htjg.tt 559, J. Bi hgate 549 (eipctrd) ; B. B CArgiil 523, B. Proper 510, C. S 11-eves 502. H. J. Waiter 531, W. H. Cucteu 315, G B. Barton 283. B. Isj,ac244 J. P. Millar 121, R Il^bofcham 82, J Graham 72. Mr Haggitb was never a party man in the Provincial Council, and was kept 100 busy in the pocnoe of hia profession to p?>y very close avlejtion to affairs iv the Council. He was appointei by Bishop Nevill to acs aa Chauceilor of the D!oce=e o? Danedin, in which capacity it would be his duby to preside over a court, to deal with caarg-ss of ec .lasiastical offences, but the office wa3 a siutcure, no chirgf-s ever being preferred.

Although he had frequent'y appeared iv eoarb and wa^ always fully engaged, ib was real*/ not unf.il 1877 tbat Mr H-ggitt too'-c a very prooaineafc part in barr'steriil work, bui from that time ha cjnfcitsuously h-ild a i.'adiog position at the bar. In his capacity as Crown prosecutor he never miesed a single criminal siblings or tha Supreme Court from the time of hia fappoiutinetit, and the ciaos iv which he did not prosecute mi^ht b" 1 counted almos*; oa the fingera of o&e's t^o iUsnds — <;,ise* prif^cipally in which thcr<3 were private pro^ecaUoim His abs'.lube fairness, wh'ch wag notice ible in big and* little makers alike, and hia almosb judicial treahrueob of the criminal business that CAme to his hand marked him out as a Crown prosecutor quice ouo of the common. With a great rsservs of mental strength and forensic absiily, and «hen t!',e osc-.s'na denanndpd it a power of eloqu»oce that conld movs men, hs was utver tempted into any more display of ability ; his one desire was thab justice should be done, aud none cau pay that in the absence, not meroly of moral certainty, but of legal proof, ho evsr p-easr-d for a conviction, or fiat-, e Q peci-tl!y where the accused were undefended, ha wa'T'Trofi careful tj make the points in their fivoar a« prorai'.eiinas thu-e thai fold a^».ia3b theao. Tha 'uioroutfb. cOi-gcietitioasoeas, tue coropls':e reetiK.uJa of ch<sr&cb'r, which made him respected on the civil side was carried by him into ihe discharge of duties that are not always undsrtiken in the saute 3pirib o? dieehv^rg^d ffit.h the sacse success. With him jusiiee was evsrfiwb; and he m?.de ij af much his C3?jcern as prosecnliijg counsel p.s it; eou'.'i h'-,v« been had heoicupißd the bench. Indeed opposing counsel hive acknowledged that the guilty would often hay*! fc.'.d a bebter chance of escape, tad the prosecuting counsel shown a desire to press unduly for convictions. There can be no question tbab ia his public office and the conscientious and efficient manner in which he has discharged bis duties he has "done the Sale some service," :md tbat his character arid conduct prove an example and an. encouragement to younger memb a rs of the legal profession. His relations with the profession as a whola were of quite an exceptional character. There was no other member of the profession who stood on the same footing wi'h h<m, for every practitioner was attached to him. He was r. ni'.n with whom a fellow lawyer could it all t'nps di*cusit eo.*e wibh a vic;w to a eompioa-ise cr an atljii't nt-nb withoub the least fear thab the popicion ot the side to which he waa oppo >ed would be thereby prejadiced. He was a man wish whom one felt that hs could always be safe — a man wiih whom one had nob to ba at prm'd length. Iv short, he represented the v-sry best and most honourable type of legal prsct'lioner. He was a generous friend, and ?, mw nho wai al <vaj c G"iE«i derate to others. Hia removal will make a wide gap ia the local ranks of the profession. For a tira^ ib wi'l be difficult to realise thit Mr B. C. Haggitt has g.'ne — especially diffioulb in his own office, where the association of his flame wiih one of the rooms will l'>ng remain as it dil yesterday, sf..er he had b?en clled away, when a member of en* st^ff knocked at the closed door to make certain inquiries : "Will you go into 'Mr B. C.'.~. room ' at the end of thu passage?" Le wai p.sksd. Ai-d as "Mr B. C.'s room" one may rest assured ib will long remain. Mr H*ggibt was twice married. His first wife was Misi Catherine R'>berbso«, whom he married in Tasmania, and she die.l on Christmas Daj', I£Bl. In 18S3 he was married the 6(cond time to Miss Tolnaie, daughter of the late Mr W A. Tolmie, aud she survives him, alorg with eight; children by the first marriage and nine by the second.

la a more or lens drunken ? quibble, on the 25ih nit., on the ship Canterbury, a sailor named Barry stabbed another niavd C>l,i..s in the head aud shoulder. Both wounds are nasty, but not dangerous.

The students &t the Waihi School of Minos, Auckland, number 14-4- abthevarious cl3sse3. Tne Miaister for Mines is s?> pleased with the progress that has bean made that he informed the s^eietary th-U, the Mines department would pay hilf of the instructor's oslavy, aud he also proini-ed a special grant of £50 towards Ihs put chape of chemie*l3, theodolites, &c.

While hi? Excellency the Govei'cor was on tour in the Lakes district he had an official reception of its kind from the mayor of one of the boroughs. During the conversation that took place abou 1 ; mining matters the Governor ft&ked his Worship if there were any "wild cats " about. lv th<* most solemn manner the mayor assured his Btcellancy thai) there wtre no wild cats, bub there were plenty of wild r?bbita J