Mr Justice Alpers Dies in Wellington.

Star (Christchurch), Issue 18317, 21 November 1927, Page 4

Mr Justice Alpers Dies in Wellington.

CAME TO NEW ZEALAND FROM DENMARK AS BOY, AND HAD REMARKABLE SCHOLASTIC CAREER.

THE DEATH OCCURRED at Wellington to-day of Mr Justice Alpers, whose health for some time past had been causing his friends anxiety. There will he widespread regret at the untimely passing of a Judge whose personal qualities and high ability made him a popular and notable figure in the public life of the country.

Oscar Thorwald Johan Alpers had a remarkable career, probably without parallel in the British Empire. It was the result of a powerful will, determination, resolution, and perseverance, combined with unusual intellectual gifts. Learnt English in New Zealand. Mr Justice Alpers could not speak English when he, a Danish lad, came to New Zealand with his parents. He was born in Copenhagen in 1867, and began his education at a grammar school there, but continued it at the public school in Napier, where his parents lived. He gave promise of a brilliant scholastic career when, at the age of thirteen years he was appointed a pupil-teacher in Napier. A College Student. Coming to Christchurch in 1884, he attended at Canterbury College on a scholarship. There he was fortunate in attracting the attention of Professor J. Macmillan Brown, who occupied the chair of English, and who recommended the young Danish student to do

coaching work in order to have funds to complete his education. There was no better debater in the Students’ Society than the future judge, and in those days the debates were battles of giants, Because Canterbury College had many brilliant students, and there were keen contests between the Arts and Science sides. There was a revival of interest in dramatic performances, also, and the leading spirit was Mr Alpers, whose enthusiasm, persistence and courage overcame all sorts of difficulties. He graduated B.A. in 1887, and took the John Tinline Scholarship in English literature. The M.A. degree followed in 1888, with first-class honours in Latin and English. Soon after that, he was appointed assistant to Professor Macmillan Brown, for whom he acted as locum tenens. Taught Distinguished Men. At gatherings in later years, notably at those held to celebrate the jubilee of Canterbury College, Mr Justice Alpers sometimes referred to those days, mentioning that, amongst the students he had had the privilege to teach there was an unusually large number of scholars who have become distinguished. Dr J. Hight, the Hon A. T. Ngata, first Maori to take a university degree. Sir William Marris, now Governor of the United Provinces of India, and Sir Ernest Rutherford were then taught by him. At one of the college jubilee dinners, he said that he wished for no higher honour, when he died, than to have on his tombstone as an epitaph: “He taught Marris and Rutherford.” Journalist and Author. On Professor Macmillan Brown returning from a visit to the Old Country in 1893, Mr Justice Alpers accepted a position on the staff of the Christchurch Boys’ High School, which he occupied for fifteen years. During those years he was active as a journalist and an author. He was a regular leaderwriter for Christchurch newspapers, and sent articles to the “Empire Review,” “The Nineteenth Century,” and the “Fortnightly.” About 1900, with Professor R. r. Irvine, of Sydney, he published a history of New Zealand. Ilis journalism was of a distinctly controversial character, but in his history he showed a fair and impartial judgment. Ilis skill as a poet is preserved in the Jubilee Ode sung at the opening of an industrial exhibition in the old Canterbury Hall, Manchester Street, in November, 1900, and twice in the Opera House, Wellington. The ode was ’produced in connection with an anthology of verses written in Canterbury during the previous fifty years, and was a poetical record of Canterbury’s jubilee and progress. Preparing An Autobiography. After he was appointed to the Supreme Court Bench, he began to prepare an autobiography. He was anxious to complete the whole work before his death, and discussed with some of his friends whether he should publish it during his life-time, with the restrictions his position imposed, or have it published posthumously, in which case he felt that he could allow himself more latitude. News was received recently that the well-known London house of John Murray had accepted the book for publication. It promises to be a unique and remarkable book. It is the self told story of the varied and vivid career of a little Danish immigrant of eight

years of age who rose to the Supreme Court Bench of his adopted country. Grateful to Old Teacher. He attended lectures by Mr G. T. Weston, lecturer in law and jurisprudence at Canterbury College, and qualified in 1904 for the LL.B. degree, but did not take that diploma until a few years ago, when he, a grey-haired barrister, went up with many students of a younger generation than his, and was presented with the delayed diploma by his old friend and teacher Professor Macmillan Brown, whom, by the way, he always was pleased to thank for placing his feet on the highroad to success. Barrister and Solicitor. Mr Justice z\lpers was admitted to the Bar by Sir John Denniston in 1904. He first practised in Timaru, in partnership with Mr J. W. White, Crown Prosecutor. In his first case he was counsel for the Crown in a criminal prosecution. That was not his Honor’s first appearance in Court, as he had been fined 10s in Christchurch for riding without a light. He came back to Christchurch in 1907, and in 1910 he took Mr J. B. Fisher’s place in the firm of Garrick, Cowlishaw and Fisher. His first appearance at the Christchurch Bar was in a big civil action, Warner’s Hotel Company v. Lyttelton Times Company. For fifteen years he was a prominent barrister in the Christchurch Supreme Court, at both the criminal and the civil sessions. His cases were worked up with surprising attention to detail, his cross-examinations showed wide fields of research and knowledge, and his addresses to juries, delivered with practised elocution, often with the art of an actor, were followed with pleasure by other members of the Christchurch Bar and by the public. The thoroughness of his work is shown by the fact that, when he had a brief in a big sheep case, he lived on a North Canterbury sheep-farm for about a month, in order to become acquainted with details of the business. He had a neat turn for epigrams, and could tell a good story excellently and often did so. Appointed to Supreme Court Bench. He was the second Judge appointed from the Christchurch Bar, the first graduate of Canterbury College appointed to the Supreme Court Bench, and, it is believed, the first Dane appointed to the Bench in the British Empire. He was appointed on February 7, 1925. On the same day as Sir Francis Bell, Attorney-General, wrote to him stating that it was intended to offer him a seat on the Bench, he received a letter from the Ministry of Foreign Affairs, Copenhagen, stating that he had been appointed Consul for Denmark in Christchurch, with jurisdiction over the South Island. In that way, on the same date, both his countries honoured him.

The popularity of the appointment was shown at the Theatre Royal, Christchurch, on the evening of February 7, 1925. When Mr Justice Alpers went to take his place in the orchestral stalls he was greeted by a long round of applause from every part of the house.

Friend of the Soldiers. During the war he was very active in recruiting and collecting funds. He edited the “Red Cross Record,” went on tours to address meetings in the country, and was chairman of the Returned Soldiers’ Club’s Building Committee. For these services he was elected an honorary life member of the Christchurch Returned Soldiers’ Association. He married a daughter of Captain H. Rose, Dunedin, in 1911, and leaves a widow, two sons, and a daughter. “ A Humane Judfce.” “The untimely death of Mr Justice Alpers removes from New Zealand life and affairs one of the outstanding figures of our time,” said Mr W. J. Hunter to-day. “His career, as student, teacher, journalist, advocate, and finally as one of His Majesty’s Judges, shows an extraordinary versatility, which has rarely been equalled, ilis early academic bent did not restrain him from studying and taking a very active part in the larger world of affairs and his writings will constitute his perpetual memorial. “It was as an advocate that I had personal knowledge of him. Although he entered the legal profession comparatively late in life, he quickly absorbed its spirit, and his gifts of a commanding presence, ready wit, and, when the occasion demanded it, of true eloquence, led to his taking a high place amongst advoaates within a few years of his admission to the I?ar. “Mr Justice Alpers took with him to the Bench, in addition to great learning, a strong and clear-sighted personality, together with much knowledge of the world and a sincere desire to do right and justice to all manner of,, men. His experience in the legal profession and his understanding of the human heart enabled him, without sentimentality or weakness, to realise that many of the sad cases which came before a Judge in criminal matters are not so much due to depravity as to the weakness of human nature. He wAI be remembered as an understanding and humane Judge, while to the members of the legal profession who appeared before him, he was the embodiment of courtesy and goodwill.” (Continued on Page 5). Sir Herbert Lawrence is chairman, and the Directors include Messrs Otto Niemeyer, of the Bank of England, and E. R. Peacock, of Baring Brothers. Armstrong’s have circularised their shareholders recommending the amalgamation and stating that the company’s assets have been written down to the extent of at least £11,000,000.