"HEAT OF ADVOCACY."

Star (Christchurch), Issue 6291, 23 September 1898, Page 3

" HEAT OF ADVOCACY."

SULTRY POLICE COURT PROCEEDINGS. INSPECTOR PENDER'S PROTEST. The Wellington "Post" reports that allegations made against a police constable by Mr Wilford during the hearing of a charge against Patrick Maloney in the Magistrate's Court were such that Mr Kenny, S.M., after peremptorily stopping counsel, remarked " that he had neve* on any occasion, either here or in any other part of the colony, allowed a man to be charged with a crime of which he had not been, convicted." In this instance, the Magistrate added, ,he believed the questions were being asked simply to insult the witness. Mr Wilford (hotlj") : "But I can. prove Trhafc I say. If you stop these questions it is not fair, and the scales of justice are not equal.".. Mr Kenny advised Mr Wilford to be more careful of what he was saying, and the solicitor explained that it was due' to the "heat of advocacy." The questioning was continued on another "tack,'' and the witness denied tliat criminal proceedings were pending against him. The Magistrate again declin- | ing to allow! ths class of questions, "as i he was not going to try one case wjithin another," Mr Wilford proceeded to crossexamine the constable on newspaper extracts, made in the House, but -rrtcas, onee i inorei -ruled, out t>f. order. /Inspector Pender. pf Qtested- that .the; attack was :.mbst ■disgraceful — a constables, who had no means of ''retaliation was having his.cliaracter blackened in a' grossly unfair and unjust way. ; Mr. jKenny said' he must put a. stop to it, and'as" 'Tor the constable (who had only been two months in the Force), his Worship, who knew his parentage, did not think he would come there and perjure himself in such a case as tliis.