New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-29
PRICE THREE CENTS.
TREATED LIKE CHILDREN.
THE NEWFOUNDLAND COLONISTS WEAKLY
OF DELAY.
SHUT OUT BY LORD KNUTsFORD FROM sHARl
IN THE CONSIDERATION OF THE DIFFICULTY
WITH THE FRENCH-MR. BAIRD WILL
PRESS HIS CASE AGAINST
SIR BALDWIN WALKER.

SIR BALDWIN WALKER.
! st. Johns ~ f.. Dec 1S.-It is evident from
! the course taken by the Crown lawyers of Great
Britain, in the case of Baird against Walker that
they have no stomach for the fight in our
Supreme Court Their game is delay. BY battling
the plaintiff and getting the trial postponed from
time time, they probably hope that he will
get tired and drop The action, or that something
will turn up in connection with the negotiations
which may get them out of their difficulties.
ii they are reckoning on the possibility OF Mr..
Baird getting wcaried or frightened at the eA.
pcnscs nvOived in heightened suit, then they
do not know their lie has gone into the
matter on patriotic grounds. and expense Is
small matter to him. He has a large endowment
of Scotch tenacty, and he is determined to " have
il ont with Sir Baldwin Walker.
The trial was TO have come on during the
present term of the Supreme Court. No one
dreamed of the possibility of postponement.
However. at the last moment. Mr.. Kent, Q. c..
Sir Baldwin's counsel, placed before the court
an affidavit to the following effect. That from
the reply of the plaintiff to the deferce OF the
defendant. as filed in this action, it is apparent
that il will be necessary rs obtain evidence on
the part of the dcfcndant' OF the making OF q
certain agreement or Dlodus vivendi. by Her
Majesty the Queen o. Great Britain, and the
Republic of France, and of the confirmation by
Her Majesty of the acts of defendant complained
of in this action and probably Of treaties between
the Government Of Great Britain and that OF
France. That the said modus vivendi and con-
frrnation of the acts of defendant com pa ned Of
in this action form part of the defence of the
defendant in this action; that ! am instructed
and believe that said evidence can only he pro-
cured in London, from parties whose names
am not at present aware of. Further, that Lleu-
tenants Cameron and Parry. both of whom are
officers on board II. VI. y Pelican. are material
and necessary witnesses for the defendant in the
action and as ] am informed and verify believe,
the defendant cannot safely proceed TO trial with
out their evidence: that the said Cameron and
Parry are at present in Halifax with their
slip, ont OF the Jurisdiction Of this court.
and that the said ship will be leaving
Halifax about the 1lth of this month >
On the said grounds the counsel for the defence
pettioncd the Supreme Court to grant a COM
mission to take evidence in London. The court.
after hearing Sir James Winter in reply. granted
the prayer of the petition, and appointed a COM
mission to take evidence in London. This. or
course prevents the case being heard during the
present term 1t will probably be further argued
in February next, before the judges sitting in
Chambers.
Law is law" and nevertheless and pro-
vdcd that" and notwithstanding anything to
the contrary" and las aforesaid" odd Father
Antic. the law Shakespeare names II, has
many quip and crank; and :" the laws delays
are lust as yeXatious in the days of the
great dramatist. How. otherwise. could so many
LAWYERS make a livelihood. This, however, Is
a curious instance of :" the laws delay. The
defendants counsel. just before the day 10
bo suddenly discovered
he would not be in position to prove that the
modus vivendi. on which he had elected to ground
his defence. had any real existence II is true
the Imperial Colonial Office had announced this
agreement and sent an official proclamation en-
hodying the text to the Governor of Newfoundland,
who had submitted il Ia the Legislature. ~ Is
true that Sir Baldwin Walker got a copy of 1t,
with written instructions To enforce lts pro-
visions and that he had acted on these. and closed
Mr. Baird's factory. and taken possession OF hls
premises Now. however. when called upon TO
Justify his proceedings in a court Of law. after
five months warning, his counsel was unable 10
prove that such an instrument as Inc modus
exists and he declares that H. Is necessary
70 get a commission in London. who VIII summon
witnesscs-probahy Lord knurslord or the Mar
ouis of Sasbury-whose testimony VIII prove
that Her N,iesty's Government entered into this
Baldwiu's acts had been confirmed. All this Is
a palpabc dodge" u secure delay. The law
officer, of ENGLAND could readily have supplied
,b. rost indnbtabe documentary evidence re-
gar,ling the modus and the approval of sir Bald
wins acts Bat by raising legal points they
want to keep the matter ont of court as long as
pos,ibr Had they confidence in the justice OF
tbrir case they would not have had recourse 10
sucb subtcrtuges Could anything he more ap-
surd than setting a solemn commission at work
in Loudon Ia examine Rng array Ot Witnesses
ia proye that a modus vivendi was really entered
iuto ny the two governments. II Will be very
easy to spend two or three months over this coh'
mission business. which will, al all events. put
rood many guincaS IN the pockets "f the lawyers
Lard Knutsford has sent dispatch 10 Governor
o,Rri.n who MA, ordered 10 make it public: and
,,vtbiuo moro namby-pamby empty and common
rl.ce could not hc imagined. The object of it
evidently is 10 cNclsc Sir William Whltcway and
his three codccgatcs for spending hle months IN
on,on. dancing attendance al the Colonial once,
and then returning without having accomplished
,nvthine Lord knutstOrd. IN tins wordy docu'
ment gives an account OF the representations ana
,,icys which the delegates pressed on him during
their visit as though these were new OF heard OF
cor thc first time: whereas they are the same COM
plaints and grievances about tie old treaties and
thc French which we have been urging for the
las, bolfcentury His Lordship complacen'ly In
,.rr,, ,b. Govcrpor that now. at last lie thinks
lc knows what want
Then he zoe, on t. say that he would he very
l,nnv indeed to carry out our wishes. and quite
,lmits our intcrpretlti OF the treaties and The
niusticc 10 which we have been subjected; but
hcn. unlucky the French put totally dlheront
on these treaties. and Her MaJestys
;overnmcnt cannot force upon friendly fower
Inc remuneration of its treaty rights, nor compel
he acceptance of an Interpretation oil those rights
which Her Majesty's Government uphold, but
,,bich is NJ direct variance with the interpretation
,eld by that Power That is just the old. od
story over again The French claim exclusive
their rights 10 the fisheries