BUSINESS OE RESIDENT MAGISTRATE'S COURT, AUCKLAND.
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G.—No. 34,
Justice. I never yet raised an objection in law that I was not prepared to support by legal argument. His Worship: It has been laid down by the highest authorities in the English Court that no lawyer is permitted to deceive the Justices. It could not be tolerated. No solicitor educated in England would do such a thing. Mr. Russell: I did not learn my profession in England. Unfortunately for me my practice has chiefly lain in the Resident Magistrate's Court, and, by experience, I shall never feel any surprise at what may happen there. I repeat that I never attempted to lay down a point of law but what I was prepared to support by reference to competent authorities. His Worship : No menaces. Mr. Russell: I consider that in my absence you have acted very unjustly towards me. His Worship : I shall have to be severe if I hear a repetition of such remarks. His Worship then ordered Mr. Russell to sit down. Mr. Russell: I appear for the defendant, and I have a right to be heard. Eirst, in defence of my conduct, which in this Court or in any other has always been that of a gentleman. As for what the Court may threaten, I am quite prepared for it. His Worship : You have a bad memory, Mr. Russell. I shall fine the man, when he can appeal if he thinks proper. Mr. Russell: What! after the man has pleaded guilty ! That may be so in this Court. I cannot feel astonished at whatever may occur. Then lam to understand the Court will not hear me. His Worship : The man has pleaded guilty. Mr. Russell: Tes, but I have something to say in mitigation. The defendant was not aware that it was necessary to have a light inside the breakwater. He had put it up when ho learned that it should be so. At the time when he was charged with neglect, he was at evening service in church. After a pause in the proceedings, Mr. Russell rose and explained to his Worship that he was compelled to attend the Supreme Court. Mr. Beveridge, who appeared for the complainant, took up the case, which resulted in the defendant being mulcted in the penalty of £5 and costs. The Court then adjourned.
No. 4 Mr. J. B. Eussell to the Hon. the Colonial Seceetaey. Sic — Auckland, 18th January, 1872. On the 21st November last, I forwarded a communication relative to the conduct of Mr. T. Beckham, Resident Magistrate at Auckland, towards myself, making specific charges against him' to which I have not yet received an answer. I beg to call your attention thereto, and to request some action on the part of the Government, as Mr. Beckham's conduct is occasioning me serious injury. I have, &c., The Hon. the Colonial Secretary, j OHN b Russell. (Judicial Branch), Wellington.
No. 5. Mr. R. J. Fountain to Mr. J. B. Russell. Colonial Secretary's Office (Judicial Branch), Sib — . Wellington, 30th January, 1872. I have the honor, by direction of Mr. Gisborne, to acknowledge the receipt of your letter of the 18th instant referring to a former communication of yours, dated the 20th November last, containing a complaint against the Resident Magistrate at Auckland, and in reply to inform you that your former letter has been forwarded to the Hon. Mr. Ormond, who is now in Auckland, and who will probably communicate with you on the subject. I have, &c, R. G. Eountain, J. B. Russell, Esq., Solicitor, Auckland. (for Assistant Law Officer).
No. 6. Mr. J. B. Russell to the Hon. the Colonial Seceetaby. Sic,— Shortland Street, Auckland, 9th April, 1872. In last November, nearly five months ago, I forwarded a specific charge against the Resident Magistrate of Auckland of using his judicial position to injure my character, professional and private, and was informed some months after that the complaint had been forwarded to Mr. Ormond. I waited upon that gentleman, who informed me that Dr. Pollen would attend to it; I have since heard nothing further, and as I have no desire to visit Wellington to endeavour to obtain justice, I beg you at an early date to take some steps to have this matter settled, as apart from the question of the purity of the Judicial Bench, I cannot afford to be ruined in my profession or character without an effort to save myself. I have, <fee., The Hon. the Colonial Secretary, j oHlr g. Russell. (Judicial Branch), Wellington. 2
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