A BREEZE IN COURT.

Star (Christchurch), Issue 9302, 31 July 1908, Page 2

A BREEZE IN COURT.

MAGISTRATE AND COUNSEL [Pbb Pbess Association.]

AUCKLAND July 31. The normal atmosphere of the Magistrate's Court is placid and inclined to prosineas not infrequently, but yesterday afternoon, it effervesced into transient activity. Mr Lundon was the defending counsel in an action for the recovery of possession of a certain cellar, and the excitement was occasioned by plaintiff, under cross-examination, declaring that he only held a copy of an original document in the possession of the defendants. Mr Kettle, S.M., requested Mr Lundon to "produce the original." Mr Lundon at first temporised, and then flatly declined, and the Court declared its intention to 'deal with him failing its instant production.' Mr Lundon: Your Worship is not going to dictate to me how I am to conduct my case. " I order the document to be produced,' 3 returned Mr Kettle. ' "In my own time, 3 ' persisted the de- ■ i fending counsel, and a^ain he gave the denial .absolute to hand the document over, whereupon Mr Kettle announced the libility of the recalcitrant counsel to a £10 fine or to imprisonment for a little while. A lull ensued, his Worship reserving the right to demand the disputed document when he might deem it necessary. Meaawiiil© h& refused Mr Lundon a right to cross-examine plaintiff on zhe "copy" handed in by Mr Buddie, which turned out to be unstamped, and therefore inadmissible. The matter, again recurred when Mr Kettle declined to admit evidence based upon the lease which Mr Lundon had refused to hand in, until compliance with the Court's demand, and after another unfruitful interval, his ; Worship reproved Mr Lundon f ot I wasting the time of the Court. " Your Worship wastes more time than anyone coming into Court," was the retort of defending counsel. "Hold your tongue, and sit down, Mr Lundon. You have no right to say such things," said Mr Kettle hotly. "I am only saying what is known to the legal profession coming into this Court, 33 retorted Mr Lundon, who then i sat down. Argument and cross-argument then swept round the Courtroom breezily, i until at length Mr Lundon handed in the trouble-brewing piece of parchment, which was discovered to be also unstamped. Mr Lundon undertook to pay the. fine of £5 in the morning, and to get the document stamped. This morning Mr Kettle reverted to the matter. He said that he mentioned yesterday that he would call on Mr Lundon to show why he should not be fined or committed for contempt of Court in refusing to obey the ruling of the Court, in defiance of his Worship's ruling. Mr Lundon had kept the Court for over an hour in deliberately attempting to get certain evidence from the witnesses without producing the document ordered by. the Court. "I told you that the time of the Court was being wasted," said Mr Kettle, " and I say so again, deliberately wasted. You then made an insulting remark that I was the one who wasted all the time. That is an insult to the Bench. Personally I care not what remarks are made to me, but in this case it is the Court, the Bench, that is insulted, not > the Magistrate, and it is my duty to see that the dignity of the Court is maintained and to punish insults and wilful interruptions. It is not a. personal matter, but I would be failing in my duty if I allowed counsel to speak to me as you did yesterday. After careful consideration, I am reluctantly compelled to call upon you for anything in extenuation or mitigation of your conduct." Mr Lundon remarked that his Worship would know that his (the speaker's) temper was not the most angelic. His Worship had been good enough to state from hearsay that the Supreme Court Judges were complaining about waste of time.

"■•' Mr Kettle : " I said that the Judges complained of tbe unnecessary crossexamination."

Mr Lundon: "Immediately you said that, I made the rejoinder that I was aware that there was a reporter present, and 1 very much regret that the matter lias been published. I was labouring under strong excitement, and would not have made the remarks except in the heat of debate. I recognise that it is not advisable to express such opinions, but when excited one often says things which would not happen under ordinary circumstances. I therefore unreservedly express my regret for having made the remark, and withdraw it absolutely/'

The Magistrate accepted the apology