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
Notwithstanding the seriousness of the “Bar” episode, there was a
good deal of the comic element involved in it, and therefore the
journal (quoted below), which is edited and conducted by and for
barristers, evidently for once at least, carried out Pope’s advice:—
“Eye Nature’s walks, shoot folly as it flies,
And catch the manners living as they rise;
Laugh where we must, be candid where we can,
But vindicate the ways of God to man.”
JURISPRUDENCE IN MELBOURNE.
Concerning the fact of the barrister and the solicitor for the
defendants having been seen drinking in an hotel bar with the jurymen
during the progress of a County Court case, the following comments
appeared as a leading article in _The Australian Law Times_ of March
20, 1897:—
“A QUESTION OF PROPRIETY.
“PONTING _v._ HUDDART, PARKER & COMPANY.
“When Ponting, the plaintiff, escaped from his watery grave when
the S.S. _Alert_ foundered so suddenly, and was cast upon the
back beach at Sorrento, he, no doubt, thought himself a fortunate
man. Most solitary survivors from wrecks would so think themselves,
and would settle down to a quiet life. Not so Ponting. He started
to voyage on a sea hitherto unknown to him—bestrewn with far more
wreckage than sweeps to and fro in the cross seas that wash our
southern coast. Ponting went to law and sued his owners for damages.
Now, law in the Supreme Court is not always without its risks,
but law in the County Court and before a jury is never without
its perils. We all know the result—verdict for the defendants. Of
course, in a case of this kind there was the inevitable new trial
application, and that unsuccessful, the still less inevitable (to use
the phrase) appeal. And all because the counsel for the defendants
was observed, after winking at the jury—in itself a venial offence—to
go across to Menzies’ Hotel during an adjournment and have a
‘glass of wine’—that is the euphemism for whisky and soda—with the
gentlemen, or some of the gentlemen, of the jury.
[Illustration: PONTING AND “VICTOR HUGO” IN 1899.]
“The counsel in question was, undoubtedly, very foolish to do so.
Counsel remarked, in arguing the point for the respondents, that he
was ‘heedlessly indiscreet’; instead of being, we presume, merely
indiscreet, or, at worst, indiscreet with a certain amount of
discretion; or, as it might be put, he should have gone to Menzies’,
being discreetly thirsty, and have drunk at discretion by himself;
_i. e._, failing the proximity of some fellow-counsel, whom he might
have invited to drink with him, or failing such counsel accepting
such invitation—two eventualities as uncommon in Melbourne as our old
friend Fearne’s ‘Contingent Remainders’ are in the Mallee.
Public-domain text, read in full here on John Shaqi.
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