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K.C. AND CHIEF JUSTICE'S ACTION,

A

London, Feb. 18.

SATURDAY, MARCH

MR. MacDONALD AND MR. CHURCHILL.

"SOUNDEST ASSET OF THE LABOUR PARTY,”

Mr. Ramsey MacDonald, speak In the Court of Appeal yestering at Bolton declared that recont day Lord Justices Scrutton, Greer; bye-elections had produced a clear and Sankey continued the hearing Labour majority. of the appeals of William Cooper Hobbs from the judgments enter ed by the Lord Chief Justice in the bel actions brought, by him against the proprietors of the Liverpool Evening Express and the Nottingham Journal,

The jury stopped the first case and awarded one farthing damages to Mr. Hobbs. In the socond; judgment was entered for the de- fendants, as Mr. Hobbs did not go on with the case after the refusal of the Lord Chief Justice to post pone the hearing.

Mr. Hobbs claimed that after what had happened in the first case, it would have boon im possible for him to receive a fair hearing of the second.

"And it seems to me," he said, "that the Tories are losing their nerve owing to these things. Mr. Churchill apparently cannot yet make up his mind as to the part ho is to play in the General Elec. tion."

A Voice: Outside-left. (Laugh- ter.)".

"Mr. Churchill," Mr. MacDonald proceeded, "started a fow daya ago as if he were ambitious to be come a general acarecrow... He was not very happy because we are told that he was more attrac- tive to us than he was to his own: aide. Nobody did more to produce the South Battersea bye-election re sult than did Mr. Churchill in his closing speech on behalf of the Unionist candidate.

Mr. Birkett, K.C., for the res pondents, stated that he had spent "I hope that at the coming elec- A good deal of the night in rotion Mr. Churchill will not ba search as to the legal duty of judge (in this case the Lord Chief taken off the Tory bill because I Justice) who received communica regard him as one of the safest, tions from the jury. There were soundest assets that the Labour (Laughter no cases precisely like the present Party could have." Саве. It WAB, ho submitted, and cheers). entirely within the discretion of Mr. MacDonald made a refer the judge to say whether he ence to the "docilo Tory majority"a would continue with the same which the.Government had had for Jury.

four years, and said, "this blent- Lord Justice Scrutton-Suppos-ing and browsing flock" had_re ing that the jury sent a message to cently revolted. (Laughter). The the judge asking for a direction great Tory charge against Labour In law, and the fudge sent them a had been that they always yielded direction in law without telling to the prossure of the back ben- the parties what he had done. chers, but they had just had an That would be wrong, would it exhibition of the crumpling up of not?

the Tory Government by their own back benchers.

Old Bailey Precedent.

•

Mr. Birkett-No. A case like that occurred at the Old Baller

In January. Mr. Justice Hum

"Hypocrite" as Epithet.

When Mr. MacDonald' indicated

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phreys sent the jury a direction that he would not continue to In law without telling the parties speak much longer there were loud "I hope that you will remember," he replied, Lord Justice Serutton-I should “that I am on my last legs, and doubt myself if he had power that my friends are seriously con- to give a direction in that way: sidoring arrangements for my Could he give part of his sum-tuneral and my successor.” ming up without the counsel The position of the Labour knowing Anything about it? Party on the betting tax had al- What is pressing me is that the ways been perfectly clear. They Lord Chief Justice asked Ser-fought it at all its stages. geant Sullivan what he proposed "The Sporting League." he pra- to do without saying that he had ceeded, "used to be in the pockets received a communication from of the Torica, and at that time we the jury.

were told what very decent Lord Justice Greer-Once when | citizens they/woro. But the Sport I was on circuit I had before ing League have come to support plaintiff's evidence, was concluded, as, and Sir Thomas. Inskip, a law.* a message from the jury saying yer of all men, has called me a "Munt we listen to his nonsense; any longer 1 had to answer in the affirmative. (Laughter.)

די

hypocrite because I amr consistent,

I have used language about bet- ting and gambling and about thej betting tax.

Mr. Birkett said that it might have been very embarrassing to

"I withdraw nothing that I have Sergeant Sullivan to know that said, but Sir Thomas calls me a the jury did not want to hear hypocrite. If you had a good crop another word of the case. Tho of this sort of hypocrite in the Judge treated the matter quite House of Commons it would be al!! rightly. Sergeant Sullivan after- wards addressed the jury.

Lord Justice Scrutton-That matter was treated in the oddest way. It was treated as if he had not that right.

R

to your advantage." (Cheers),

Mr. MacDonald contrasted Sir Thomna Inakip's attitude on the: Prayer Book with his attitude to wards betting, and added, "I will stand before any jury in this country if Sir Thomas will have! the courage to stand opposite me, and I will ask that jury whether it is to him or to me that the epithet ought to be applied." (Cheers).

"Provocative Mariner." Mr. Birkett-My friend has the kindest of klud hearts, but he has very provocative manner at times. (Laughter.) He rose, aml In Amanner which I cannot imitate, said that he insisted on addressing the jury, and then the Lord Chief Justice said that freshing.

Lord Justice Serutton-But "insist" was a strange word to use. But that was because no one when you say that, the image asses through my mind that you had ever denied the right.

Lord Justice Scrution-That is represent a person who has told odd. The Judge appears to doubt fourteen lies, and you are trying whether Sergeant Sullivan has the to get out by saying "There is right to address the jury. He something else which I did not calls upon you to assist him, and any which is true." (Laughter.)

Lord Justice Scrution sub- very properly any that you think that Sergeant Sullivan hau aequently intimated in the course the right. It is one of the of the argument that the points traditions of the English Bar that of law rafsed in the appeals were counsel stand up to Judges who difficult, and that the Court in- tended to reserve judgment at the conclusion of the hearing. Mean-

you

are wrong.

stood over.

Mr. Birkett- should be sorry to weaken that tradition. (Laugh.me, it occurred to him that ir the first case were not properly ler.}

Lord Justice Greer said that the tried and the papers announced most Important part of the caso that the documents in it had was that there was no direction been sent to the Public Prosecutor, to the jury, and the jury might then the second case ought to have have mistaken the very vigorous

The hearing was, again ad- questions put in cross-examina-

journed, tion as if they were evidence.

Mr. Birketi submitted that oven If there had been such a possibility it would have been removed by the speech of Sergeant Sullivan..

Dificult Point of Law.

Later Mr. Birkett remarked- Possibly my heat in this case is due to the fact that I never got a chance

in the Court below. (Laughter.)

Lord Justice Scrutton-In the Court below you put questions:

A BROKEN DOWN.SYSTEM. This is a condition for diasas) to which doctors give many kaasas, but which few of them rekly undermand. Hissimply weakness-a broak kawa, wait wern, of the vital forces that susinis kan syn- Jo. No matter what may be sia causes they are 'almost numberžans), fas výsoptome are much the sams; the mes prominent šalag ÜlgeplämznAU, bonse of prostatan or weselassa, depression of spirits and wam of wargy for all the ordinary¦ altaisetilla. Now whataloos is absolotal yassen-' Lisen is increased vitality vigour, will strength and energy to throw of thesá metald Engs, and as plight succeeds the day, 13in may be motu seriadaly secured by a course of. THE NEW FRENCH REMEDY.

which were quite as powerful as THERAPION NO.3

an address.

Mr. Birkett-It did not quite happen to be an address. (Laugh ter and applause from the rear of the Court). Somebody told me the other day that I was using language unsulted to the Court.of Appeala, I don't know that there la one language for one place and another for another,

Lord Justice Green-It is ro-1

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