The Sun.
London, England, 1864-03-26 00:00:00

Amenities of the Bar.

What are some of our learned friends about
There was Mr. Carter the other day at Exeter!
There was Mr. Pater still more recently in the city
of London. Now we read, as will be seen below,
about Mr. Smith of Melksham.

In reference to Mr. Pater's escapade we find the
following in to-day's law Times :—lt is not difficult
to say who was wrong in this. The discretion of
counsel in cross-examination is very wide, and the
Judge is often sorely perplexed to discover the pre-
cise point at which counsel can he considered as
having trespassed beyond the limits of the license
permitted to him. That there is a limit will not he
disputed by the most zealous advocates for liberty
of the forensic tongue. There is a point at which
it becomes the duty of the Judge to interpose his
authority to prohibit the abuse of the privileges of
the advocate. The judge has a duty to perform in
the protection of witnesses from mere bullying and
browbeating, and from imputations not fairly
founded on some facts on evidence in the case.
Jurymen, less learned in the nice distinction bet ween
the liberty and the licence of the bar, are apt to
sympathise with a badgered witness, and to inter-
pose a remonstrance before the jadge sees fit to com-
plain. When a juryman thus protests the judge
might well use the incident to recommend modera-
tion to the counsel, while explaining to the jury the
powers with which the law has invested him, and
counsel, if he is prudent, will catch the hint
that he is not serving his client when offend-
ing the jury. But unless counsel is clearly
trespassing beyond his privilege, the Judge
has no right to rebuke, although he may
advise, him. Only those who witnessed the scene,
and observed the manner as well as the matter of
the cross-examination in question, can form a fair
judgment whether it called for the interference with
which it was visited. if it did so, Mr. Pater was
wholly wrong throughout ; but if he was not pass-
ing the limits of his licence as an advocate, and the
juryman and Mr. Payne were wrong in their cen-
sure, it appears to us that Mr. Pater erred in the
manner of dealing with the complaint. Nothing
justifies abuse of the Judge; not because he may
never deserve it, but because he is the Court, the
embodied law, and to attack him is to assail the
Crown he represents. Nor is it ever necessary to
the object of the advocate that he should do so; for
a manly and dignified assertion of his right, and
submission with a firm but temperate protest, will
accomplish all that could be done by intemperate
abuse. Mr. Pater's proper course was quite plain ;
he should have called for a formal decision whether
the question he was putting was admissible or not.
If decided against him, he should have yielded and
refrained. From this point the case is clear. The
judge is bound to vindicate his authority and the
dignity of the court. He must forbid the prohibited
conduct, and enforce that prohibition. If Mr.
Pater persisted, or if he indulged in anything
like personal abuse of the Judge, it was clearly a
contempt, which the judge was justified in visiting
with punishment. What that punishment ought to
be is a moot point. Some say commitment, others
argue for fine. Baron Bramwell, at Exeter, threa-
tened to turn the offending counsel out of the court.
The Common Sergeant adjourned the court. We
believe that the law empowers a judge to fine and
imprison, both or either. Mr. Payne preferred a
fine, and his judgment was approved by Mr. Bod-
kin. The threat of an appeal to the Home Secre-
tary is not very formidable. Sir George Grey is not
likely to turn a favourable ear to complaints against
a judge for vindicating the authority of the court.
He will probably 100 of opinion that the license of
counsel may admit of some restraint without much
danger to the public welfare. Having so often ex-
pressed in these columns the strongest disapproval
of attacks upon the bench by the bar, we cannot but
view with complacency any measure within the
scope of his authority adopted by a judge to enforce
the respect that is due to the court. We trust that,
upon reflection, Mr. Pater will think so too, and
that he will make the only amends in his power by
a frank and full apology. It is due to the court he
bas insulted, but it is still more due to himself and
to the profession whose robes he wears.

We also read in the Western Gazette the follow-
ing about Mr. Smith, of Melksham :—The other day, at
the Town Hall, Melksham, an arbitration case (which had
been referred from the last sitting of the Melksham County
Court, held before the Judge, Mr. C. F. D. Caillard) came
on for hearing before Mr. John Graham Foley, the ap-
pointed arbitrator. Mr. Bartrum, solicitor, of Bath, ap-
peared for the plaintiff, and Mr. A. B. Smith, of Melksham,
for the defendant. Mr. Bartrum, in opening the case, was
remarking upon the main points which he said he and his
friend would have to keep in view, when Mr. Smith ex-
claimed—Fray don't call me your friend. I should be
sorry to be mixed up with such scamps. Mr. Bartrum—l
am determined not to be bullied in this manner. I have
never had such a term applied to me before, and I refuse
to proceed with the case until Mr. Smith knows how to
conduct himself with decency. Mr. Smith—Go on, go on
Mr. Bartrum (excitedly)—l'll not go on, sir, till you know
how to behave yourself. The arbitrator interfered, and
the case was proceeded with till it came to Mr. Smith's
reply, when he drew attention to an item in the set-off
of fifteen pounds for a cow, which he said had been stolen
from the defendant's premises under the most heartless
circumstances. Mr. Bartrum contended that Mr.
-mith nal asked a certain question twice over. Mr.
Smith—You are telling an untruth, and you know it.
There is not a member of my profession would give that for
your word (snapping his fingers towards Mr. B.) Mr.
Bartrum—l venture to say the judge would not tolerate
such conduct, and 1 don't think it ought to be tolerated
here. It is disrespectful to you, Mr, Arbitrator. Mr.
Smith—l'll let the judge know all about it. His hoDour
shall know it. Mr. Bartrum—l hope the reporters will pi.lt
this all down. Mr, Smi h—l don't care what the reporters
put down; let them put it down if they like. give
them some more to put down. The Arbitrator—Well,
gentlemen, if this is continued I shall leave. Mr. Bar-
crum—l hope you take notice that I have given Mr. Smith
no offence whatever to call forth this display of temper ;
and I tell hira that his indecent conduct this day shall form
a subject of more public inquiry elsewhere. When Mr.
Bartrum came to his reply, in the middle of his address,
Mr. Smith rose impatiently, seized his blue bag and his
hat, and addressing the arbitrator said—lf you intend
stopping here any longer I shan't; I have been here six
hours, and had enough of it ; I've en engagement, and
must gc. No doubt Mr. Bartrum will arouse you as much
in my absence as in my presence. Exit Mr. Smith. The
ease was afterwards adjourned sine die.

LITERARY AND SCIENTIFIC MEETINGS VOR THE
ENSUING WEEK.—Wednesday—Society of Arts, at 8:
" Artificial Light and Materials used for Lighting," ;qr.
Paul; Microscopical, st 8; Chemical, at 8; Anniversary •
Friday—Arebteological Institute, at 4; Philological, at 8,
—4thenown.
CONSERVATORIES OF THE CITY OF PARIS.—The
City of Paris has formed in the Bois de Boulogne,
near the Chateau de la Muette, a large establishment,
where the legions of foreign plants are reared which deco •
rate the squares and public walks of the capital. This
establishment has now been considerably enlarged ; it
occupies a surface of 44,000 square metres, and contains 24
conservatories and 3,000 hot beds, representing a glazed
surface of 10,000 sq. metres. There is a vast hot-house,
covering a space of 433 sq. m., and containing about 2,000
palm-trees and other large plants. One of the conserva-
tories, comprising 500 sc. metres, contains 250 arbores-
cent camelias, some of them 6 metres in height, and
partly derived from the collection formed by the Empress
Josephine at La Malmaison. In another conservatory
there are about 300 varieties of camelias in pots, a collec-
tion of Eucalyptuses, and another of mimossas, about 3,000
plants in all. There are in other conservatories, contain-
ing 2,500 hibiscuses from China, 3,500 bananas, 12,000 be
genies, &c. The conservatory reserved for the multiplica-
tion of plants is 200 square metres in surface ; it is warmed
by 18 rows of hot-water pipes. There are always upwards of
20,000 cuttings here, which are renewed from 15 to 16 times
in the courselof the year From this place the young plants
are taken to another called the weaning conservatory, where
they acquire sufficient vigour to be transferred to the others.
There is an immense cellar, 1,500 square metres in surface,
where a provision of 200,000 tubercles of come are kept
during the winter. Fifty workmen are daily engaged in the
various duties connected with these observatories,

THE PROPOSED NEW COURTS OF JUSTICE.—
The number of houses intenders to bo taken for the con-
centration and construction of the new courts of justice is
162, situated in that colony of courts in St. Clement Danes,
between Yate's-court and Lower Serle's-place, and includ-
ing Clement's-lane, Plough-court, New-court, Old Bos •
well•court, Robin Rood-court, Cromwell court, and other
dilapidated and closely-confined localities, the houses con-
taining from two to twenty rooms, and being generally
badly drained. The estimated number of persons to be
displaced is 210, and the promoters state that no provision
i,as been made to remedy the inconvenience, if any, likely
to arise from such displacement.
A NICE NAME TO OPEN A PEW-DOOR WITH,
its they say in Ireland.—The name here referred to b.,ing
that of Emil Schlagintweit, whose two guinea book on
,Buddhism is anuoilnced by Messrs. Ttubuer,

rAr)
Tonal Orobt

HER MAJESTY.

WINDSOR CASTLE, March n 5,
Her Majesty, accompanied by her Royal
ness the Princess of Wales, drove out Yester'.
afternoon, attended by Lord Char!es Fitzroy. ,
The Prince of Wales and Prince Arthur rode °'
horseback. fc!
Her Majesty the Queen, his Majesty the -5)13°0
the Belgians, their Royal Highnesses the Prl°,
and Princess of Wales, their Royal Higll°,:;,,
Princess Helena, Princess Loaise, Prince Arl'it,
and Princess Beatrice, and the Ladies and Gel3l
men in Waiting, attended Divine service this 113°1:,
ing in the private chapel.
The Hon. and Veay Rev. the Dean of Win to
officiated and administered the sacrament of
Holy Communion.
The Rev. H. Ellison preached the sermon.

-
Their Royal Hi.: hnesses the Prince and
of Wales do not leave Windsor Castle until Wedl3e'ty
next, when they come to Marlborough House, and °ll
following day go to Sandringham for the holidays. tie
Their Excellencies the Ambassador of F rat.' „.
and the Italian Minister have left town on a visit to
count and Viscountess Palmerston, at Broadlands
Hants.

The Earl and Countess of Wilton's 'OY,:
Egerton Lodge, Melton Mowbray, wilt separate at the
of the week.
01
The EArl and Countess of Shaftesbury ando
Ladies Ashley, with Lord and Lady Harriet Ashley,
proceeded to Broadlands, Hhnts, on a visit to VisCou4S
Viscountess Palmerston.

CRYSTAL PALACE.

The fine weather, combined with an attre-
ftifl
programme and increased railway facilities, brellgo
together an immense number of visitors, /10,
amused themselves by strolling abOut the ple°Bllo
grounds, sailing on the lake, inspecting the veri°
courts and the Victoria Cross Gallery, eentaiololl,
upwards of 50 pictures painted by Mr. W'ffit
Desanges, which will be removed immediately PI
Easter, the collection having been parch •sed
gentleman at Leeds, so that an early visit mlll4
paid by those who wish to have the opportuoitio
viewing these interesting pictures, illustrating or
acts of heroism which won for the principal obtlito
ters the distinguished reward of the Victoria Co!
presented by her Majesty. At an early hour,a
floor of the groat transept and the first tier of
leries opposite the orchestra were densely crowild
and long before the commencement of the c°l3
the reserved seats were completely filled. Th'e°o,
cert, which was very ably conducted by Mr. god
was opened by an organ performance by Mr. bl;s,
Coward, consisting of selections from Mendelss7oi,
Spohr, Costa, Mozart, and Handel. This o°ol
lowed by selections from Handel, Mendelssvoil
Rossini, and Costa, admirably played by the b 5.01
of the Coldstream Guards, under the direetY
of Mr. A. F. Godfrey—the " Dead Mard'o
" Saul," and the chorus and march " See 0
conquering hero comes," being honoured witijit!
encore. The Old Hundredth Psalm, in which Iv
visitors cordially joined, having been sting'ireo,
" Quis est homo" Wall given by Miss Cecilia St
brook and Miss Whytock. Mr. Sims Reeiresi
presenting himself received a hearty and eor
welcome, but was for soma minutes unable to
teed in consequence of the interruption caused "0
large number of the audience on the ground
who called upon him to "come forward"—a re4"o
with which he eventually complied. considefeb4ol
the annoyance of the occupiers of the reserto
seats. On advancing to the front row °!..0
orchestra he was loudly cheered by the
in front of him, and then in his usual style of to
cellence gave the recitative and air frogi
" Messiah," " Comfort ye my people." 31e-ity4
Rudersdorff, who declined to "come forward
Mr. Sims Reeves had done, was imperfectly be,S
owing to the noise occasioned by the movernee`i
the crowd and the conversation that was Offor
on. Those who were in her immediate neigbb°lo
hood, however, were highly gratified by the 13
in whick she sang the aria, " luflammatille
accensus." Mr. Patey, in the aria, tiff
peccatis," and Mr. Weiss, in the refit
lei
and air from the "Messiah," "Behold, „,"'s,eos
you a mystery," were loudly cheered. Tne PIO
ing Hymn was next sung by the assembly. fio,
was followed by the recitative and air
" Ye people, rend your hearts" (:fR'
Reeves); duet, from "Israel in Egypt," " The yen
is a man of war" (Mr. Weiss and Mr. Patel);10
" I will extol thee, 0 Lord (Madame Ruder
fld
who, to the great delight of the majority °ool
audience, voluntarily took her station in the ood
row ; air from " Israel in Egypt, The enterei flop
I will pursue" (Mr. Sims Reeves) ; and the, air t 0!
" Samson," " Let the bright Seraphim" 016A0 01)
Rudersdorff. with an admirable trumpet obl° io
by Mr. Harper.) The Prayer from " Al°9
Egitto" was given by the chorus, the united b of
and the grand organ ; and the vocal part Of °toot'
tertainment terminated with the National Atlt.oso'
in which the audience joined with great en tn11131(110
Several pieces were then played by the ba.ncl°ol
Coldstream Guards, and Mr. Coward conclude dd
concert by performing another excellent
on the organ.
The number of visitors was aver 53,000..