A COURT EPISODE.

Stratford Evening Post, Volume XXXIV, Issue 19, 14 September 1912, Page 5

A COURT EPISODE.

MR. SPENOE'S WITHDRAWAL

MR. MALONE NOT SATISFIED

As reported in our issue of yesterday, an episode occurred in the Magistrate's Court, Mr. K. Spence objecting to Mr. w r . G. Malone's interjections during tiie examination 01 a del)tor, in terms that caused Mr. Malono to demand a withdrawal. Tne Court considered this should he made, and after some passages at arms, tne matter was adjourned until the afternoon. As brieiiy intimated in our second edition, on the Court resuming, Mr. Robert Spence said that in tno heat of the morning he had done an act which ho much regretted doing, and he now desired to make the following, statement: —"In deference to your vVorship's ruling, I withdraw the expression—'l object to my iriend baulking this judgment summons' — and I desire to substitute what 1 intended to convey—namely, '1 strongly object to the improper tactics adopted by my friend in deliberately incorrupting my examination and tncreby preventing an effective examination of the debtor.' "

In accepting Mr. Speuce's withdrawal, Mr. W. G. K. Kenrick, S.M., said that the trouble lay in counsel addressing one another instead cf addressing ttie Court. Mr. Malone had interrupted Mr. Spence, but it was auifce improper for Mr. Spence to address Mr. Malone. All .Mr. Spence had to do was to record his objection of Mr. Malone's interruption, and ho (Mr. Kenrick would have) then given his ruling. Mr. Malone: It seems to mo that the statement Mr. Spenco makes is more objectionable than the first — may I ask your Worship to let me hear that statement of Mr. Speuce's over again ? Mr. Spenco objected. The matter, he said, was between Mr. Kenrick and himself—not between counsel for the defence and counsel for plaintiff. His Worship had accepted the withdrawal and the matter ended there.

Mr. Malone: It is quite true that if my friend withdraws those words he has obeyed your ruling, but if he adds certain words that are insulting to me the matter should not rest there.

His Worship: Now, I think that under the circumstances the matter should lie dropped here, because Mr. Sponce has simply stated that iio objects to your interrupting.

Mr. Malone: Mr. Spence goes out of his way to deliberately allege against me that I, as counsel, have adopted an improper attitude, and deliberately done something or otner—my friend has not yet allowed me to take down exactly what he did say. However, Sir, if you don't protect jho .1. must take other steps. To allow him to say what he has done, and youi Worship practically condones it Mr. Kenrick: Ido not do that, Mr. Malone!

Mr. Spenco: There is nothing in my withdrawal to leave anything of the nature my friend suggests in the minds of those who read it.

Mr. Malone: Mind you, all I said was„ "Is that relevant?" Mr. Sponce: No. You interrupted me three times. You supplied the amount of some mortgages, and said "Is that relevant?" Mr. Malone: I cannot allow him to put on record that statement which lie has just made.

Mr. Spence: Has not your Worship ruled on this matter? He is now doing that very thing, for which I have made a withdrawal.

Both Mr. Spence and Mr. Malone were endeavouring to get a hearing, when Mr. Kenrick broke in that he wished to let Mr. Malone finish this thing. Mr. Malone: I want peace in this Court, and I want the rules of deconcy observed. I have, in the past, put up with many things from my friend that were .reflections on my personal ability, but when he goes to hurl at me that I have done things derogatory to the Court, then I say i am going to have it cleared up, and I ask for your protection. My friend gets out of one statement, and then says that I adopted improper tactics deliberately—moaning that my tactics were meant to ho improper, and that I deliberately did it. If your Worship can't protect me, it means that I am not coming into this Court any more. „. Mr : .Spence: May it pie;:so your Worship—l opened to-day with probably more emotion than I have ever felt in this Court before. The matter is entirely between your Worship and myself, and I have expressed my contrition for what I have dene. My aim ahd endeavour has been to retain those cordial relations which have always, until now, existed between the Bench and myself. Your Worship lias liven a ruling; you have said, "Mr. Spence in view of that, I accept it." The matter is not one between Mr. Malone and myself. Your word i.s a command and I have obeyed it. r say you have given your ruling. Only I list this morning, when I was in the Court, T heard Mr. Malone in another case ask you to reverse your own ruling, and such conduct seemed to be absolutely and positively improper. Sir, I have done all I could. In justice to my own dignity and my own position as an officer of this Court, I have explained what T meant. Yen are too just a. man to place emphasis upon words to show some sinister meaning. T have done what you have asked me—what T ought to'do. On that 1 ask no more. I hoped that in making my statement deliberately and clearly that the matter would end there, hut, unfortunately the position will possibly be that both will withdraw from the Court, though there may be re!ief in some way or another. Mr. Malone: I am entitled to know what the exact words are. Finally Mr. Spence read the withdrawal and the substitution to Mr. Malone, explaining that he had no need to do this, and that he was doing it out of sheer courtesy.

Mr. Kenrick: Mr. Spenco lias with-

drawn unreservedly the words lit used this morning, out now Mr spence in addition lias expressed what lie intended to convey, it Mr, bpence nac left off at I nc word "tactics" withoii anvtning further being said I should have asked Mr. Spence to withdraw that remark also. _ But the words used bv Mr. Spence indicated what lie regarded as improper tactics-name y, interruptions on cue part ct Mr. Ma lone, i have already said that wha. Mr Spence should have done was tc object to Mr. Malone's interruptoins at the time they were made. 1 Here it no reflection case on Mr. Malone, be cause Mr. Spence stated clearly what those tactics were—merely interruptions during an examination In a cross-examination there should be n interruptions of any sort. Mr. Malone: Not only did Ml. Spence- make one such remark as n< has withdrawn, but he made several. "I strongly object to the impropei tactics adopted by my friend in cle liberately interrupting my esamina tion, and thereby preventing an effective examination of the debtor, lour Worship, I feel that .this is a reflection—an insulting reflection on myself Vet your Worship reads it ai though there was no reflection on me. My knowledge of the English language, however, tells me that there 1a reriection on me, and I cannot allow it. If Mr. Spence says that it is no reflection on me— Both his Worship and Mr. Spenc< were sneaking simultaneously, when Mr. Malone again exclaimed: ' V\H; my friend say that he means no re flection/? No, Sir, he has kept cleai of that, for my friend is a very clever man!" . . Mr Kenrick: I decline to rulo on the matter any more. What I have stateo to the Court already explained bin matter. There exists no reflection. Mr. Malone: Then your Worship re fuses to ask Mr. Spence whether hi! interpretation of those words meanany reflection on me? My friend will not venture—

Mr Spence (rising from his seafcand gathering up his papers): .My friend is unfortunately doing that for which I. as an officer "of this Court, apologis cd. Mr. Malone: Until my friend that I will not appear before this Court again. Mr. Spence then applied for an ad journment, and this was granted.