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-de y'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 be 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.
Jury men, less learned in the nice distinction between
the liberty and the licence of the bar, are apt to
srmpathise with a badgered witness, and to inter-
pose a remonstrance before the judge 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 bis 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 cress-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 ns 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 is anything
like personal abuse of the Judge, it was clearly a
contempt, which thejudge was justified in visiting
with punishment. What that punishment ought to
be is a moot point. Some say commitment, others
argue for fine. Baro❑ 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 be 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
has insulted, but it is still more due to hipped 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—Pray 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.
smith had 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 (snapp;ng 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 honour
shall know it. Mr. Bartrum—l hope the reporters will put
this all down. Mr. Smith—l don't care what the reporters
put down; let them put it down if they like. I'll 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 him 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 an engagement, and
must gc. No doubt Mr. Bartrum will amuse you as much
in my absence as in my presence. Exit Mr. Smith. The
case was afterwards adjourned sine die.

LITERARY AND SCIENTIFIC MEETINGS FOR THE
ENSUING WEEK.—Wednesday—Society of Arts, at 8;
" Artificial Light and Materials used for Lighting," Mr.
Paul; Microscopical, at 8 ; Chemical, at S ; Anniversary.
Friday—Archeological Institute, at 4; Philological, at S.
—Athenffluna.

CONSERVATORIES OF THE CITY OF PARIS.—The
City of Paris has formed in the Bois de Boulogne,
near the Chateau do la Muetto, 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 sq, 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
gonias, &c. The conservatory reserved for the multiplica-
tion of plants is 200 square metres in surface ; it is warmed
by 13 rows of hot-water pipes. Thera are always upwards of
1..0,000 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 canno are kept
during the winkr. Fifty workmen are daily engaged in the
various duties connected with these observatories,

THE PROPUSF,D NEW COURTS OF JUSTICE.—
The number of houses intended to be taken for the con-
centration and construction of the new courts of justice is
162, situated in that colony of courts in Sr. Clement Danes,
between Yate's-court, and Lower Ser.le's-place, and includ-
ing Clement's-lane, Plough-court, New-court, Old Bos •
well-court, Robin Hood-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
as been made to remedy the inconvenience, if any, likely
,o arise from such displacement.
A NICE NAME TO OPEN A PEW-DOOR WITH,
s they say in Ireland.—The name here referred to being
that of Emil Schlagintwelf, whose two guinea book on
.Buddhisru is announced by Messrs. Truhner,

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HER MAJESTY.

WINDSOR CASTLE, March 25•

Her Majesty, accompanied by her Royal High.
ness the Princess of Wales, drove out yesterday
afternoon, attended by Lord Char es Fitzroy.

The Prince of Wales and Prince Arthur rode on
horseback.

Her Majesty the Queen, his Majesty the King of
the Belgians, their Royal Highnesses the Prince
and Princess of Wales, their Royal Highnesses
Princess Helena, Princess Louise, Prince Arthur,
and Princess Beatrice, and the Ladies and Gentle-
men in Waiting, attended Divine service this morn-
ing in the private chapel.
The Hon. and Very Rev. the Dean of Windsor
officiated and administered the sacrament of the
Holy Communion.
The Rev. H. Ellison preached the sermon.

Their Royal Hi, hnesses the Prince and Princess
of Wales do not leave Windsor Castle until Wednesday
next, when they come to Marlborough House, and on the
following day go to Sandringham for the holidays.
Their Excellencies the Ambassador of France
and the Italian Minister have left town on a visit to Vis-
count and Viscountess Palmerston, at Broadlands Park,
Hants.

The Earl and Countess of Wilton's party at
Egerton Lodge, Melton Mowbray, wilt separate at the end
of the week.

The Earl and Countess of Shaftesbnry and the
Ladies Ashley, with Lord and Lady Harriet Ashley, have
proceeded to Broadlands, Hants, on a visit to Viscount and
Viscountess Palmerston.