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Telegrams.

Wellington, January 30th. During the sitting of the Court of Appeal this morning, in the Dunedin case, Spence v. Pearson, Mr. G. E. Barton, the well-known barrister, strongly protested the against manner in which the Court treated him, as he could not fail to see the spirit and intent of the Court towards him. The Chief Justice said he must have forgotten himself, and ordered him to sit down. After telling him that he was impugning the honour of the Judges, the Chief- Justice asked him to explain his meaning. After a long and indirect explanation by Mr. Barton, the Chief- Justice said, " Mr. Barton, will you answer my question 1 " Mr. Barton said he would adhere to what he said and take the consequences. The Court then adjourned for a quarter of an hour^flfe' resuming, the Chief-Justice said, that as Mr. Barton complained he was treated differently from other practitioners of the Court, the proceedings could not be carried on properly while such reflections and imputations were being made. Therefore with pain and regret, he had to announce that they felt compelled to inflict a fine of £50 upon him. Mr. Barton said he declined to pay. After adjourning for lunch, upon resuming, the Chief- Justice said he had been informed by the Registrar that the Court of Appeal had been sitting without due authority, and all its proceedings were consequently illegal. The Appeal Court at its rising on Monday last was not adjourned till any other day, and could not sit again unless by proclamation of the Governor. Mr. Barton said : "I don't wish to take advantage of that your Honour." The Chief Justice : " Sit down, Mr. Barton. The Court is not listening to you. All the proceedings of the Court were illegal." The case of Gillon v. Macdonald— application for injunction — then came on. Counsel for defendant raised certain points of objection, one especially being admitted by the Court. Mr. Barton said he had many arguments to urge, but if defendants counsel were permitted to raise the point of nonjoinder he would not argue the case further. Judge Richmond said Mr. Barton had been accorded a license given to no other lawyer, and it could not be allowed to go on. Mr. Barton said he would drop the case under protest. . Judge Richmond said the only way to protest was to appeal. Such a thing as protest was unknown to the Court. Mr. Barton: "Then, your Honour, I'll make it known." After some further altercation, during which Mr. Barton said that the decision of the Court was unintelligible to the parties interested, the Chief Justice proceeded to deliver judgment, but owing to interruption by Mr. Barton, he said it was absolutely impossible for the Court to proceed, and that Mr. Barton must keep his seat and hold his tongue, adding that "is order of Court." Further interruptions ensuing, the Chief Justice asked Mr. Barton to apologise, as his conduct had been intolerable. Mr. Barton, was proceeding to justify himself at some length, when, after a few minutes of whispered consultation between the Judges, the Chief Justice said : " The Court adjudges you, Mr. Barton, guilty of contempt of Court, and adjudges you to the public prison of Wellington for one month." Shortly after, the Chief Justice informed the Inspector of Ponce that Mr. Barton was in the robing room, and requested that he might be immediately arrested, which was done. About six in the evening he was taken to gaol, and lodged there under a Judge's order.

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Permanent link to this item

https://paperspast.natlib.govt.nz/periodicals/NZT18780201.2.24

Bibliographic details

New Zealand Tablet, Volume V, Issue 248, 1 February 1878, Page 12

Word Count
590

Telegrams. New Zealand Tablet, Volume V, Issue 248, 1 February 1878, Page 12

Telegrams. New Zealand Tablet, Volume V, Issue 248, 1 February 1878, Page 12