CONTEMPT OF COURT.

Auckland Star, Volume XL, Issue 35, 10 February 1909, Page 4

CONTEMPT OF COURT.

MB. W. £. HACXSTT rxWED. . \ A UnrSLT -SNCOVHTEB. One of the liveliest scenes which has ever taken, place in the Auckland Police Court happened late yesterday afternoon, and, so far, the; outcome is that one of the members. x>f the Sax-has been fined for conTteiript of Court. ; - ' /,'."<. ■- t ,.j The case.being heard at the time urn <rae in which a young woman was applying Jot a_ fegarition, from her husband. Mr. W.. EV Hacjcett represented r Jthe respondent. 'I. ' : ' "'"" Alter, the complainant's case, had been heard, Mr. Hackett observed: '.'■'■ "I'dbn'tihink"' there is *ny case to go on ■with-" " , ■ , .„ . "I say there'is." • ,':■".? "I submit your Wprehiy--— ■? ' '■"1 have made up my mind "on that .point." . .: -, ,'. . ; i -. ;.j(| "The wording is persistent cruelty. Eveii if thtte had-.beencruelty, tnef. evidence does , ' not', allege persistent cruelty." .The respondent was then put in the box, and at tKe conclusion of 'his evidence his .Worship accorded the .appli-cant-the statutory opportunity of asking the respondent questions. 'A few questions' w«re : asked. V " . - ' Mr. Dyer: "Have you any more questions?" - . .■ •• _ i , A lady who had appeared with, the woman rose and commenced speaking- . Mi-: Hackett: "I thuik Mrs.—-would like to act for her."'"' Mr. Dyer (turning quickly) heatedly?. "Oh;i<> yoyxV '" : ——- - -■ - ; ''I'.jtiet 'noticed tiefc: standing 'upi. and ' commencing to. speak."" _ \ ; " "H'm; wiieh I Want joiir advice, I'lj ask for it**"'- ' : ' : - *>"* fi&' '■'■-■ ■ < ■;.'.•; Well, your Worship,. I don't think there is.any case." . <v . , ■>'•'■ ! "Thereisaca.se.". j.. "Your Worsiiip-r—-T- rr ;-;;c^.-;' "Sit down!" •'• '■ -. ■• :■' '3 f"sftr. Hackett continued'standing.'. -' - - Mr Dyer:' "Will sit down, sir!" ■ Mr. Hackett,--hesitatingly: "Yes, I'll sit.. down." He sat' dotm, but immediately got on his feet again. " Sit down! " cried the S«>L -'"- " Your Worsiiip," pleWted-Mr. Hackett; "ami to be denied the right to defend :this man?" . ■?,•■ <"■ "'~^ : -.;'\ ■:'-.-■ ?■... "Sit down,"'reiterated his; Worship. . "I merely wanted to. impress the Court with the importance of the case— what it means to,this man. 4 am sure this Court wishes to. get at the truth of the matter." . Mr. Dyer, sarcAstically: "That fs so, and I will adopt-what means I think fit Hold your tongue."- ■ '-■ oi" ■ .-. ; r " I hold I have a right to press the point as fair as r"can ; as'toiwho is behind this case." • ; .."WilL,you ait down. and. be. quiet? If you don't sit: down I will require you to show cause why you should not be committed." . "All right,- I -will alt down,'/ replied the lawyer, who, "however, was" soon upj again: _.. : ■•_, -^ Before Sir. Haekett speak, Mr. commanded him to ?it. down at once; 'After"'the request haS ieeri re-' peated-,' appeared to quickly meke up v his ".mind to see the matter tnl6up?'iH ; e, tos'e, arid - refused to sit do>m again,"", .... /••;,■.; ..,

Mr i)y«r (speaking angrily) : "Sit down! Sit down!"' 5 * • '

- Mr. Hackett; attempted' to speak. Mr. Dyer: "\i you attempt to speak again I will have you committed for contempV' " '- ' ;' ■■ --;a>>

i Mr. Hackett made another effort to state his case.

Mr. Dyer: "I call on you to' show cause why you should not be committed for contempt of Court." .Mr. Hackett: "I will, have very much pleasure in. showing cause, now." "I will not hear you now. I will hear you at the conclusion of the Court." "I have a- Very important engagement, your Worehin/ , . . i ; * "I -will not ;hear.you. 6it down!" "Am I in Custody, your Worship I" Mr. Dyer, turning to a policeman, and pejuting to. Mr. Hackett: "Take Mr: «sckett in custody." The policeman'piroceeded towards Mr. Hacketti "who was walking towards the prisoners , waiting-room. ; . ,: -; ... ; "Don't take him in there," • cried the Magistrate. '...'. '.'■

"I prefer,to, go. there./ retorted Mr. Hackett, who fcpntinuefi towards the door. ' ' If A

"Come back, and sit down there!" commanded" Mr. Dyer. Mr. Hackett's quiet replies were not all audible, while the Magistrate was'issplrig hie commands in almost stentorian , ; 'Inrfc he periieted in preferring to go to the •waitingroom, .-, ' r \. i "■■ ~-.."' Mr. Dyer, .to the police vpfficer:. "I refuge to let you take Mm 4i there. Take him into the Justices' room.- ; - ■'- .Mr. Hackett -palked. over to the Justices' room door, and, turning, said:' "I can only hope that the."Counsel in this Court will stand and.; represent this;.matter properly -and make- affidavits.", . i '1,., 'i .;« .... . ' 7-.,-Mr. Dyer, with great warmth: "Hold your tongue!" ' : ' THE CASE RE-OPENED. When the ordinary business of tie Court was endedj : Mr Haekett was brought out. " . •. » '■■'■''' -: "Well, Mr Hacketfe" said his Worship, "I am now going to call on ypu_tp show 'cause why I should not cominif you for contempt." Continuing, the Magistrate •said that Ke'Kad* been indulgent to Mr Heckett, and that he had never had to take extreme measures .before during his short experience on -the "Bench. The Court: must not be defied. . When Mr Hackett disobeyed, he (his Worship) had' a ! duty to perform. It was an extreme, measure to take,: .but. any member of the Bar would show Mr Hackett th?.folly of the attitude Xe T had taken up. Eveii if he was wrong, Mr Hackett had a course to take, and that waj" hot to defy him. HU clear course was to submit and obey■ and go to the Supreme Court To set the Court at open defiance was not to be tolerated. '«Had I allowed you to speak after telUng you to sit down, I would have shown weakness, and would not have been fit to sit here on this Bench again. Have you anything to say!" ' •Mr Hackett: "I have much to cay, and I make an application for an adjournment and to be liberated on bail in order that I may get counsel.'? , Mr t)yer : "I will not grant an adjournment."

Mr Hackett: 'lam charged with an offenca.in respect of which* .the Court has the power of imprisoning mc, and having been given in charge, I ask the ordinary privileges of a prisoner, I will put inysrlf in the bands of senior counsel and abide by their ; "There, will be ; no adjournment." "Wiil your Worship, not give: ine the opportunity of conferring with my senior counsel?" " ,;.. / . : '*' '.. : ''.'. '''■. '[;■' "You have been In custody, and have had time to think the matter over. I will hear any explanation you have if

7° u * *°9M to mfke; bnei I ctert'iik iL anything to Uγ, say.it" .. f "*? "I have much .to say. t triat+« LL enlt Mr Baume, Mr Reed, Ifr j^, , ** some prominent c6uila6l. ,1 think I "iontT be indiscreet to say anything nw »'^ 'T decline to : grant any, adjournmeii and it is useless saying any moreTT will not-adjourn:; xDo what yon tit**. it is a matter of perfect mc, what you do." . ; r. "Am I not entitled to aaadjonm. mentr' ;■ - ~• ... ■ , .... ,.(, «:■■,-.-,:--*■■ '1 tell you you will not get ah «/ jourhment, if you ask all day for ' "Am Ito beiorcedintoi the Tioiition of being,cqmpelled.te.say tfiat I nave Ami something wrong, whether I think: m or notf"■ ..y •■•■■". ■■■-:.. ■:■'-.■ ■■■■ '.-■-;■;■;>;•;■'„': ""I am not asking you tq'sayCanytMiw. If. you don't think you "are WToa* f don't care—it doesn't matter .'to ie% : "Am I to be forced into an;apolter to the Bmck ,•iβ wrong!". ," "'•' .'..'■.' ! - ■'■'•,;"'."'V.' /■• ■' "I did not ask yoti to'apologise/ , "But,' your Worship, surely you ■*$, give mc an opportunity of-~?' .'V "You are • wasting time. If you ajt ten time's as of ten I will not grant it." '■ "Resting time,- when I ■■■i.ra; tryiiigito vindicate my sell from an unjust aspenioi •Oast upon mc, or -further;: injustice J T being sent to'gaol!" • :: " •'-;•■..,'• "If you ask'ten-timee more, I «» I will not grant an adjournmenti"'*- ' ■ "What does your Wotehlp' \rliainite β-oi" ~... . , ' ■ ■■■■"-; .' ! "Not King." j "Contempt of Court is an... ordiiitrr case, and I ask for ordinary privflefe, ,, "You werein a-room with »■ Mejfofa, while you were in custody, have rung up counsel." .. -: . • "Will your Worship give!me that-o». porfcunity now!" . . ; "No, I will not.. You could h»ye'done it whpe you were in thei.ropm.- .1 SnU deal with you now." \, "As. a matter-of .fact .1 rang up X Cotter,, who"/is a-yfay;; 'MTvEm!• wij was out; Mr. Napier, whoi j?a e enpgtdj' and was ringing up Mr. Keed .wien' tlj constable took mc out. I wi»h to. tiki advice of senior counsel, and if they itvise" mc that "l' h&Ve done" wroiig, I will come before you and humMy •polagae." ..= to 6a.j, yoii wiat ; :iom idf iki senior counsel to come hefore /ftli dourt and discuss with mc."; V , -^','-'.".^'■""'. "N"o;*;to- represent ;■";'■; "No!. There will be;nq;.»4jourDnioßK I judge you to have wiifiSly .defied till Court, in that you refusei.t.p'»it dowa \ when ordered,to,' and femiilMid stariding !in open' defiance, and persisted in addressing, etc., etc." . . -'::■ \■ \< .:■■■■:■;. "I plead not gtiiityfia those aocosatiohs." ' -- ..' ... ~..__ ';.,. "There are many people in' Court who. know." . ; "I want to call evidence. I went te call all the people present,and ■'■all' the members of the profeesioni- whp wmi here."..; ■'■■■■• .-' '-"i' ; 7,., :'■ "I refuse tb'graiit'any-idjonrninent* "With my whole, future before' m\ am I judged guilty'of Court withotit an opportSinity 'of doing myseU justice? Gaol!" "I did Kpt 7 say I was. going', to ) seiid you to gaol. I convict you of contempt of Court and fine 'you £5, and if."it it not paid withiii, a,weec 'yon yjM go kjn gaol for seven days." I. "-:: '% _may^fsay. t and it 'isf'witi no disrespect.,^ T ;will : 1toV." : "It"is' £; a ir inat'tef I 'of perfect to mc." .' -■'..'.•'. =: . : ■'~;■ .■;■■■■. "Will your Worship entertain a rehearing;!" ■' \. : ■• ■' '•'" ■ •■;; : '~ '.:;.? ;i.., ■.' "You can .approach mc privately." " "I don't want to approach' you privet* ly. I want to deal'with public." "You can make, application for a rehearing in the ordinary .way. You'knon the procedure.", ... , '. ... ...:■■,*■:: :