CHAPTER VII.
THE SUPREME COURT, AND MINOR TRIBUNALS.
SYNOPSIS: —The First Resident Judge. —An Unfortunate Selection. —First Sittings. —Subscribing the Oath. —Judge Willis' Squabbles. —His Suspension and Eccentricities. —The "Gazette," "Patriot," and "Herald." —Shaving an Attorney. —Sir Redmond Barry. —Press-baiting. —Barristers and Stallions.—Bullying an Editor. —A Short Truce. —Fining and Imprisoning an Editor. —Arden's Indictment of Judge Willis. —Arden's Imprisonment and Fine. —A Memorial for Judge Willis' Recall. —Remission of his Sentence. —Assaulting a Judge. —Bullying a Barrister. —Judge Willis and Guy Fawkes. —Dr. Thomson's Imprisonment. —The Judge Cut by the Bar. —A Magistrate Sentenced. —Mr. J. B. Were's Incarceration. —Judge Willis' Removal. —Mr. Jeffcott, Second Judge. —Fare-well Dinner to Judge Jeffcott. —Rival Editors. —Judge Jeffcott leaves for England. —His Knighthood and Death. —The Third Resident Judge, Mr. Roger Therry. —His Knighthood and Death. —Mr. William a'Beckett's Arrival. —His Newspaper Contributions. —His Panegyric on Corio Bay. —Its Resemblance to Naples. —His Knighthood, Pension, and Death.
TRADE and commerce increased as rapidly as the pastoral resources of the district underwent a continuous process of extension, and it was not long before the existence of a Court, competent to deal with the more important branches, of Civil and Criminal jurisdiction grew into an indispensable necessity. A Court of Police and Petty Sessions was established after the arrival of Captain Lonsdale, in 1836; in 1839, the Quarter Sessions were opened; and in 1840, the Court of Requests; but their respective functions were very restricted. The Police Court had ministerial and judicial powers of a certain kind; but the only debts recoverable there were wages claims. The Quarter Sessions possessed a criminal jurisdiction over certain felonies and misdemeanours; but it could not try capital offences; whilst its civil authority was confined to appeals from Petty Sessions; and as to the Court of Requests, it could adjudicate only upon plaints not exceeding £10. The consequence was that no creditor could sue, excepting for trifling amounts, no probate or letter of administration be taken out, no mortgage, conveyance or bill of sale registered, no order of sequestration made, and no person committed for a capital offence tried, other than through the medium of the Courts at Sydney. This question had engaged the attention of the New South Wales Executive as early as 1837; and there was a difference of opinion as to whether a Resident Judge ought to be appointed for Port Phillip, or Circuit Courts be held in Melbourne once or twice a year, to be presided over in rotation by members of the New South Wales Bench. Sir Richard Bourke was favourable to the constitution of a Provincial Judge, and was disposed to appoint as such Dr. Kinchella, subsequently Crown legal adviser of New South Wales. The question was, however, hung up undetermined for some years, but the grievance having been so far intensified as to amount virtually to a denial of justice, had become almost intolerable. Even the Crown was a sufferer, and one case, Rex v. Whitehead (a charge of murder), is mentioned, wherein the conveyance of two material witnesses from Melbourne to Sydney and back cost £115 1s., so that pocket argument conquered at last, and eventuated in the inauguration in Melbourne anno 1841, of the Supreme Court, which was an offshoot of the New South Wales judicature, with an exclusive jurisdiction in Port Phillip, subject to the reservation of a power of appeal to the original Full Court. This Law Administering Apparatus was thus composed and compensated: —Resident Judge the Hon. J. W . Willis, £1500 per annum; Judge's Associate, Mr. H. H. Kitson, £150 per annum; Clerk of the Court, Mr. H. F. Gurner, £450 per annum; Deputy-Sheriff, Mr. Samuel Raymond, £400 per annum; Crown Prosecutor, Mr. James Croke, £400 per annum; Crown Solicitor Mr. James Montgomery, £300 per annum; with tipstaff, bailiffs, stationery and other incidentals.
