his career, and declared "that where truth prevailed discussion should be as free as the winds of Heaven." As to issuing an attachment himself, he should not do so even had he the power. Arden m a d e his appearance in the custody of the Chief-Constable, whereupon the Judge signified that he left the Police Magistrate to deal with the prisoner upon the affidavit referred to, which alleged, in deponent's belief, that the letter was a false, scandalous, and malicious libel, written with a view to bring him into contempt and ridicule, and injure him in the estimation of his friends. T h e Police Magistrate was joined by some other Justices, and the scene that ensued is thus transcribed from a newspaper of the period :— M A J O R S T . J O H N : " Mr. Arden, I have consulted with the Magistrates present, and we are of opinion that it is necessary to bind you over to keep the peace, yourself in ,£400, and two sureties in ,£200 each." M R . A R D E N (to the Judge): " Your Plonor will allow m e to say a few words." J U D G E W I L L I S : " Not one word ! If you have aught to say, say it on affidavit." M R . A R D E N : " Your Honor has had every opportunity of vindicating your conduct in your o w n Court, on your o w n Bench, retorting upon m e in fact; will you n o w refuse to allow m e an opportunity of vindicating m y conduct from the aspersions that have been heaped upon it ?" J U D G E W I L L I S : " Silence ! Another word and I commit you. Take care what you say before m e , or I will commit you for contempt. Whatever you have to say, say it on affidavit." M R . A R D E N : " If I a m not to be allowed to speak, why bring m e here ? T h e fairest way would have been to let this case go before a Court in Sydney." J U D G E W I L L I S : " I have no time to go to Sydney ; you m a y consider yourself fortunate in having escaped so well." M R . A R D E N : " Will your Honor not let m e say a few words ? " J U D G E W I L L I S : " Not one word ! Silence ! or I commit you ! " M R . A R D E N : " W h a t a m I to do ? " J U D G E W I L L I S : " B e silent ! Tipstaff!
Do
."
- " Your Honor
." I U D G E W I L L I S : " I will tell you what it is ; one single libel more published in your paper, and your recognizances will be estreated." Mr. Arden, thus silenced, and apparently much astonished by such conduct, sat down. Judge Willis then rose, muttered a few inarticulate words to the magistrates on the Bench, and retired to his room. Mr. Arden then said, as His Honor had left the Court, most likely for the purpose of affording him an opportunity of justifying himself, he hoped the Bench would hear him. M A J O R S T . J O H N : " I have no objection—." M R . V E R N E R : " I think w e had better not; this is not our o w n Court, Mr. Arden." • M A J O R S T . J O H N : If you will pass your word for your appearance, this case will be deferred till to-morrow morning, when you can come up and enter into the necessary recognizances." Mr. Arden acquiesced, rose and left the court. His appearance outside was hailed with loud cheers, and the Judge on hearing the noise, rushed in a state of trembling rage from his room on to the Bench, and waving his hand indignantly, his feelings found vent in the following words:—"Tipstaff! Apprehend them all! bring them before m e ! all—if I cannot keep other places so, I will, at all events, take care to keep the precincts of this Court free from insult." The Judge waited in breathless expectation for the consequences, but the delinquents did not appear and His Honor's order fell impotently to the ground—the extensive body of the "Tipstaff" swayed carelessly to and fro within the confines of his capacious b o x — a n d all was still. O n the next day Arden appeared at the Police Court, when there were on the Bench Major St. John, Mr. J. B. AVere, and Dr. M'Crae; and, rather irregularly, Arden was not only allowed to make a statement, but succeeded in getting the case re-opened and the previous day's decision reversed. Messrs. Carrington and Connolly, solicitors, appeared for the defendant. Finally the complaint was dismissed — because the Judge's affidavit did not aver that deponent was in bodily fear of Arden, or that the libel was likely to lead to a breach of the peace. T h e result was received with loud peals of approbation. MR. ARDEN
