New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-06
LAWYERS TABOO JUDGE
Resent the Conduct Of Justice
SCruttOn in London.
DECLARE HE INSULTS THEM
Accuse Him of Unprofessional
Treatment and Withdraw
Cases from His Court.
[By Cable TO The Tribune. ]


London, July 5.-An extraordinary
series OF incidents entirely without
precedent and which have been sup
pressed by the London newspapers
have recently occurred at the High
Court of Justice here The incidents
concern the attitude adopted by one Of
his majesty's judges toward counsel
and members Of the legal profession
practising before him. The facts,
which have only become known through
their recital by those Immediately con-
cerned-for no official record has been
made in the court schedules-are these:
For a considerable time members OF
the legal profession have complained
repeatedly Of what they term the UNI
professional treatment accorded TO
them by Sir Thomas Edward Scrutton
Mr.. Justice Scrutton, OF the Kings
Bench Division of the High Courts OF
Justice. Ever since he was appointed
judge in 1910, Mr.. Justice Scrutton,
they allege, has been guilty of gross
discourtesy 10 solicitors and counsel
who are professionally engaged in
cases before him.
Justice Scrutton is recognized as a
very able lawyer, especially proficient
in commercial law, and for this rea-
at ~ ha in urhi
CONF ia and business interests are
concerned has generally been sent TO
his court. But gradually the exceed
ingly offhand and condescending man
ner adopted by the judge aroused an
extraordinary feeling among those
practising before him.
Recently the climax arrived. when.
as the lawyers allege, Justice Scrutton
suit solicitor who was applying for
the hearing OF certain action to be
postponed. Some Of the big firms OF
solicitors in the city at once decided TO
take action and bring the matter TO a
head The next morning they briefed
young barrister, r. Chatter. to make
the same application for postponement
Of the action. This occurred in what
is known here as a Chambers" Court.
which means that proceedings in such
cases are practically private and not
reported by the newspapers.
Mr. Justice Scrutton is said, to have
made quite uncalled for and unneces-
sary sarcastic remarks to Chatter when
he rose To make his application Cha
ter had been told what might happen,
and he at once, acting under instruc-
tons. proceeded to make a speech to
the judge the like OF which has never
been heard I'm High Courts before. He
told Justice Scrutton he was the most
unpopular judge on the bench, that he
was fast losing the respect and esteem
Of the entire legal profession. that his
attitude toward gentlemen engaged in
cases before him was insulting and hui
initiating. and that solicitors and law
yers would refuse TO bring their COM
mercial cases before that court.
For ten minutes Chatter went on in
this strain. and al the conclusion Jus
tice Scrutton sarcastically observed,
Now, after this little outburst OF ora
tory we will take the next business"
The lawyers. obtaining no satisfac-
ton, decided to go still further. They
demanded that Justice Scrutton should
receive deputation in his chambers.
He at first refused, then, as the demand
, was insisted upon. he unwillingly
agreed Again the solicitors protested
strongly to the justice against his gem
eral attitude and wound up by threat
ening to report the. matter TO the Lord
Chancellor.
Justice Scrutton was furious and
many uncomplImentary things were
said on both sides. In effect he told the
deputation 1t was at liberty to do what
1t chose, and unceremoniously ended
the interview.
What happened after this is uncer-
tain, but 1t is very certain that Justice
Scrutton has been relieved Of all COM
merclal work and that Justice Pickford
is now known as the commercial judge.
The whole thing is entirely without
precedent in the annals of High Court
procedure, and constitutes a scandal OF
very grave import.