Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
History
Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
Alert (Ship : 1877-1893); Liability for marine accidents; Navigation -- Australia -- History; Shipwrecks -- Australia -- Victoria
which Judge Chomley relied. Upon these grounds, and the principle he
had named, and with the view of keeping the administration of justice
free from reasonable suspicion or taint, he thought this Court was
acting wisely, if he might say so, in following authorities, both
ancient and modern, and saying that there should be a new trial.
MR. JUSTICE HOLROYD said he concurred with his learned brother,
Williams. He considered Mr. Coldham’s affidavit, on the very face
of it, bore the stamp of truth; but he felt that he was absolutely
constrained, by authority, to arrive at the same conclusion as
his brother, Williams. He would be directly contravening English
decisions, and decisions of this Court, if he were to decide
otherwise. No doubt it was a great hardship to the defendant that
he should lose the fruits of his victory because of an indiscretion
upon the part of jurymen or his counsel or solicitor. At the same
time that was a necessary condition of the relationship which
existed between counsel and solicitor and client. Some people, not
familiar with the great caution that both bench and bar, he believed,
exercised in maintaining the pure administration of justice, might
fancy that the Court in coming to this decision suspected some foul
play. Speaking for himself—the other members of the Bench had spoken
for themselves—he suspected none, but he cordially agreed that the
administration of justice must be free from suspicion. Therefore he
concurred in the judgment pronounced by his brother, Williams.
MR. LEON: Then your Honour will make an order allowing the appeal,
with costs?
MR. JUSTICE WILLIAMS: Before doing so we will hear what Mr. Schutt’s
law point is.
MR. LEON said he was not instructed as to the point, and the Court,
therefore, adjourned the case until Thursday next, the understanding
being that subject to the point of law involved a new trial should be
ordered.
* * * * *
The Menzies’ Hotel incident, as a matter of course, created a good
deal of stir in the Melbourne Press. It is impossible in these pages
to give all the comments; but the following well-argued article front
the leading columns of _The Age_ of March 10, 1897, is worth quoting:—
Public-domain text, read in full here on John Shaqi.
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