SIR JOHN DENNISTON

Otago Witness, Issue 3334, 6 February 1918, Page 47

SIR JOHN DENNISTON

CHRISTCHURCH BAR'S FAREWELL. FUNCTION AT SUPREME COURT. The esteem in which Mr Justice Denniston is held by members of tho Christchurch Bar was manifested in tlio large attendance which gathered at tho Supreme Court on Saturday morning, to bid farewell to his Honor, who resigns from his honourable offico after 28 years of loyal and active service. Not only worn there present every Christchurch member of the Bar, but tho Hon. T. M. Wilford (Minister of Justice) Mr H. W. Bishop, S.M., Mr T. A. B. Bailoy, S.M., Superintendent Dwyer, and other officials, past and present On the Bench -with Mr Justice Denniston sat Mr Justice Chapman. HIS HONOR'S FAREWELL. After transacting some minor business, Mr Justice Denniston addressed thoso in court. Ho remarked that they were aware that ho had for some timo desired to bo relieved of the burden of offico. Ho had passed tho ago at which Parliament, in its wisdom, had decided, not only that some judge might at that ago havo outlived his powers of usefulness, but also that _ he might have done so without being conscious of the fact. Had this procrustean provision always existed it would havo dem-ived New Zealand not only of many years| service of Gome of its most distinguished judges, but of one living member of the Bench, whose unimpaired physical and mental energy would pub to sham© many of the youngest members of tho Bar: andl it must in future deprive it prematurely of many years of services which they would greatly miss. He was that day within a few days of the twenty-ninth anniversary of his first occupation of that seat. Since that date the judicial work of tho district had greatly increased, and had), within the last few years, required strenuous and unremitting labour to overtake it —labour which had the disadvantage of having to bo undertaken singly. They would, therefore, not think it surprising that he should desire liberty and leisure for whatever term of tho future might be allotted him. Strenuous as the work of those past years had been, it had been varied and interesting and he hoped he was justified in believing that it had been of some service to tho State. If he were so justified, any such service had been accomplished in association with thoso whom he was addressing. Ho had presided over threo generations of the Christchurch Bar. With all of these his relations had been of the most friendly, the most cordial, character. These harmonious relatione between Bench and Bar not only affected -tho comfort and convenience of both —lubricated, so to speak, the judicial machinery, and tended to preserve the public in and respect for the administration of justice; they did more —they largely facilitated the despatch of business. He had_ no hesitation in saying that but for this mutual understanding between judge and counsel — tho ready recognition of and deference to a suggestion from the Bench, this nation and co-operation of Bench and Bar —the work of that district could not havo been kept up. In speaking of tho smothriess of tho working of the judicial machinery, it would be both a great injustice to omit to refer to the great responsibility as to this thrown on thoso whom he might call 'the chief engineers—the registrars of the court. He was glad of the opportunity of expressing how much during all these years he had been indebted to them. He added his indebtedness to those whom Lord Onslow once described to him as the "recording angels." They had often made him say . things he did not say —or, a't least, made him say them in somewhat different terms from what ho did say,—but for that he was afraid he was himself largely responsible. Ho had specially to thank them for the readiness with which they had sometimes abandoned, at his request, material which would have made excellent copy. Mr M. Donnelly, as president of the Canterbury Law Society, on its behalf, bade his Honor a judicial farewell on the occasion of his retirement from tho Bench of the Supremo Court of New Zealand. That position his Honor had held with distinction to himself and. satisfaction alike to tho legal profession and public. His Honor's public actions were monumental and recorded in the Law Reports of the dominion, and tho other various public announcements made from tho Bench and that of the Court of Appeal. These spoke for themselves. Yet there was one conspicuous point in his Honor's judicial career tn which it was not out of place for him on this occasion to briefly refer. Ho ventured to say that his Honor's clemency, humanity, and kindly disposition had done much to soften and mitigate tho public punishnipnts of the dominion. He had been criticised for leniency, but never for severity. Mr Donnelly read the following telegram received from the Otago Law Society: "Tho Otago Law Society, on tho occasion of tho retirement of Sir John Denniston from the Soupreme Court Bench after 23 years' service, desires _ to congratulate Sir John upon his distinguished career, and to nlaco on record its appreciation of his hicrh sense of justice and clear perception of tho principles of the law and his contributions to the volume of legal decisions of this dominion. Tho society washes Sir John many years of health and all happiness in his well-earned rest." In the sentiments so concisely and forcibly expressed in that telegram, every member of the Canterbury Law Society concurred. Mr Donnelly referred with emotion to tho younger members of tho Bar who were fighting for liberty, and expressed a hope that they would return safely to New Zealand. It must, he said, ho a source of great satisfaction to any judge, however eminent, to feel that he retired from his onerous position amidst the best wishes of tho Bar who had practised before him for nearly 30 years, and also of tho. Bar from whoso ranks ho was selected as jud:ge. He hoped that these good wishes might all be realised, and that his Honor would long enjoy health and happiness, and be able to confer further benefits unon the dominion which owed him so much." Mr S. 0-. Raymond, K.C.. said ho had boon asked to represent the Westland I aw Soointv on this occasion, and to convey the following message from that society : "We all f»ol that wo are losing a fenrlr<w r>nd upright judge, and one who was always noted for his imnnrtialitv and sound decisions." He had also been requested to convev a message from tho South Canterbury Law Societv. together with on nnology for tho unavoidable absence of Mr White, tho president. Tho speaker had also received a letter which he was sure would

bo much appreciated by his Honor. It was a messago from tiio officers of the Supremo Court, signed by Mr A. H. Holmes, the Registrar. In addition to these, the Superintendent of Polieo had nsked him to convey to his Honor an expression of goodwill on behalf of tho Police Department. Mr Raymond said ho was safe in saying that no judge could have been more fully seized of his grave rosponsibiltica than his Honor had been. Ho ioined with his brethren in tho law in wishing Lady Denniston and his Honor many years of happy life in Christchurch with them all. Mr George Harper also bore testimony to Mr Justice Denniston's ability, -justice, and forbearanco as a judge. Mr' Justice Donniston, in reply, conveyed his thanks "for tho remarks that had been made that morning. They were a reward for whatever services he had performed. He also wished to convey his thanks to tho Otago, Westland. and South Canterbury Law Societies lor their expressions of esteem. Referring to the members of tho Bar on active service, his Honor said ho had always endeavoured, and he thought with some success, to assist the younger members of tho Bar. It was a groat regret that they should loso these young men for a time, and he hoped_ that soon they would bo back in the dominion. "I must wish you a final farewell," was his Honor's last remark. A LONG CAREER. Sir John Denniston was born at Bishopton, on the Clydo, on Juno 20, 1845, and was educated first at tho Greenock Academy, and later at Glasgow University, where he matriculated, intending to enter tho legal profession. His father, tho late Mr Thomas Denniston, decided, however, to como out to New Zealand with three of his sons, including tho subject of this notice, then 17 years old. Arriving in Otago in 1862, Mr Denniston, senior, took, up a run in Southland, and tho future judge, during the next few years, occupied positions successively in a mercantile office, tho public service, and tho Bank of New South Wales. Eventually ho realised his early ambition, and became a law student with the late Hon. W. Downie Stewart, M.L.C., at Dunedin, and was admitted to the Bar in 1874. In the following year, after having practised for a. little' while in Wanganui, he rejoined Mr Downio Stewart as a partner, another member of the firm being the lato Mr Allan Holmes. During the next 14 years Sir John Denniston became a prominent and distinguished member of the Dunedin Bar, at that tima the strongest in New Zealand, and onO which has probably never been eurpassed in the dominion. _ On the death of Mr Justice Johnston in Christchurch, in 1889, Sir John Denniston was elevated to the Supreme Court Bench, of which, at his retirement, ho was the senior judge. On February 12 of last year it was announced that his Majesty had conferred upon him the well-deserved honour of knighthood.