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
“To the man of law the interest that centres in this case will be
the grounds on which the judges differed from each other. To the
ordinary citizen it will rather lie in the fact that the verdict of
the Court mulcts the client for the lapse of the lawyer. Mr. Justice
Chomley refused to disturb the jury’s verdict on the ground that,
though Mr. Coldham’s conduct had been wrong, it had not corruptly
influenced the jury’s minds. Mr. A’Beckett held the same opinion.
Mr. Coldham, he holds, had done an exceedingly foolish act in
hobnobbing with jurymen in an hotel bar during the progress of the
trial. He said ‘it was conduct which the Court would not sanction or
countenance; and if the Court had called upon those engaged in this
matter, it would express its disapprobation and make them pay.’ But
as the conduct in question was not corrupt, he refused to inflict the
hardship of a new trial on Messrs. Huddart, Parker & Co. That is one
view of the case. Justices Williams and Holroyd take quite another.
They hold that Mr. Coldham’s acts gave rise to reasonable suspicions
in the minds of onlookers. They no more say that the barrister
acted corruptly than do the other judges, but they are clear that
his conduct was such that any reasonable man might have entertained
from it a suspicion of corruption. Mr. Justice Williams says that it
was apparent that he knew the juryman (McGregor) before. This was
all the more reason why he should have kept him at arm’s length.
It appeared that McGregor handed Mr. Coldham a piece of paper just
as the Court had adjourned. That fact alone would be calculated to
excite suspicion. The learned counsel thoughtlessly and indiscreetly
took this piece of paper, and looked at it, when his proper course
would have been to hand it back at once, and say to the juryman, “You
must not communicate with me.” This piece of paper contained, in the
shape of a drawing, the juryman’s views on the construction of a
portion of the vessel. That was an improper act. Mr. Coldham ran out
into the street, and called out that it was of no use to him. Getting
as a response “That’s all right,” he shouted out that he intended to
take it down to him. Learned counsel could not remember whether he
said “at Menzies’ Hotel,” but what was present in his mind was that
he would bring it to Menzies’. Therefore, he must have known the
juryman was going there. He did meet the juryman there, and together
with the defendants’ solicitor had a drink with him after handing
the paper back. Such conduct on the part of both the counsel and the
solicitor was highly indiscreet and highly imprudent, or, as Mr. Box
admitted, “heedlessly indiscreet.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account