Page:ChroniclesofEarlyMelbournevol.1.pdf/107

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THE CHRONICLES OF EARLY MELBOURNE.
77

any emergency in which he might get fixed, and where their services could be available.) In threequarters of an hour the Bench were got together at the Police Court, and herein Carrington and Ebden were escorted in like two c o m m o n malefactors from the gaol. T h e Crown Prosecutor was also fossicked out, and Judge Willis was in his glory. H e charged the defendants with having "unjustifiably and indecently assaulted him. Carrington as principal and Ebden as constructively implicated." T h e Crown Prosecutor talked hard to sheet it home, and Willis swore that Carrington, though a prisoner in " T h e Rules," had committed an assault on him. Carrington was told in answer to some observation, " that if he had anything to say it must be in open Court, and immediately after he threw a bundle of papers which hit him (the Judge) on the shoulder, and fell to the ground. Ebden, by his position and demeanour, was countenancing, aiding, and abetting the other." Mr. Barry appeared as counsel for Ebden, and several witnesses were examined, when the case as against Ebden completely broke down. Carrington's defence was that Willis having improperly struck his (Carrington's) name off the roll of Attorneys, and otherwise injured him, he had appealed for redress to the Full Court of N e w South Wales, and had received some legal process from Sydney to serve personally on Judge Willis. H e had written to such effect to his Honor, but his communication was not acknowledged. H e had tried to serve the Judge in Chambers, but he was told he could not be admitted, and should sec the Judge in Court. In Court the m o m e n t the Judge caught his eye, he threatened him with committal for contempt if he only moved a muscle; and so after playing the game of hide-and-go-seek from side to front door and back again until he was tired, he resolved upon serving Willis in the streets and had done so and nothing more. H e told the Judge his purpose, and when service would not be accepted, he endeavoured to touch the sacred person with the parchments and this was all. Ebden swore, that on the preceding day, he and Carrington called at the Judge's Chambers, and the papers were offered to the Clerk of the Court in the Judge's room, when the Judge roared out from an adjoining apartment, "Send them away, Mr. Pinnock, send them away and have nothing to do with them." The case was so absurd that the Magistrates could not do other than dismiss it, and the result was cheered uproariously in Court. Ebden afterwards brought an action against Judge Willis for false imprisonment, and obtained damages; but then Willis was not the Judge in his own case, for the trial did not come off until after he had left the district. It is as well to mention that Carrington's appeal was from a decision of Judge Willis ordering him to be committed under the Insolvent Act. Willis offered no justification whatever, and the appeal was allowed. BULLYING A BARRISTER.

In the Supreme Court on the nth November, 1842, an action oi assumpsit to recover on an overdue bill of exchange was being tried, Mr. Barry for the plaintiff, and Mr. Croke for defendant, when a non-suit was asked for, and during the arguments Willis and Barry did not hit it very well with each other, and indulged in a slight verbal sparring. Mr. Croke persisted in pressing his point, and was replied to by M r . Barry, who contended that until the plaintiff's right was impugned, he had made out a prima facie case, and cited an authority. H e was aware the rules of pleading were changed and quite different at the present day. J U D G E W I L L I S (sneeringly) : " Our rules of pleading at the present day ! " M R . B A R R Y : " Really your Honor, your manner is so contemptuous towards m e that I feel a difficulty in proceeding." J U D G E W I L L I S : "Sir, I really cannot allow such behaviour. I shall not suffer any m a n at the Bar to address m e in such terms. I never heard of a Judge being accused on the Bench of treating a Barrister with contempt. I shall not permit it again, so take care or I shall suspend you from practice." M R . B A R R Y : " I never in any Court was guilty of intentional disrespect." J U D G E W I L L I S : "If you do not conduct yourself respectfully, I shall be compelled to suspend you from practice." M R . B A R R Y : " I hope I m a y be allowed to proceed." J U D G E W I L L I S : " I hope for your o w n sake you will take care how you do proceed, and do so properly,"