entation of
your conduct to His Majesty's Government."
This far from edifying scene was without precedent in the annals of
Upper Canadian courts of justice, and was for some days the talk of the
town, more especially among the members of the legal profession. The bar
generally sided with the Attorney-General, and were loud in their
aspersions upon Judge Willis. Some of the leading members, however,
among whom were Rolph, Bidwell and the two Baldwins, took a different
view, so far, at least, as the legal aspect of the dispute was
concerned. As for public opinion generally, it was largely in favour of
Judge Willis. On Monday, the 14th, before the public pulse had had time
to cool, there was a scarcely less notable interchange of asperities
between the same personages. The Attorney-General, in a criminal case in
which he was officially concerned, took occasion to reiterate, in
effect, the views to which he had given expression on the previous
Thursday as to the duties of a Crown prosecutor. When he had finished
his remarks Judge Willis expressed himself to the same effect as before.
"The practice in this country," said the Judge, "as stated by the
Attorney-General, does not agree with my notions as to the duty of that
officer, and I have laid a statement of the question before His
Majesty's Government here for the purpose of having it transmitted to
England, where it will be decided how far the Attorney-General is right
in expressing his sentiments as he has done." Mr. Robinson hereupon
remarked that he was Attorney-General to His Majesty, and not to Judge
Willis, and that he would act as he believed to be right, even though he
should differ in opinion from his Lordship.
JUSTICE WILLIS.--Mr. Attorney-General, I am one of His Majesty's Judges
in this Province. As such, it is my place to state to the Crown officers
what their duties are, and it is for them to perform those duties
according to direction. If the interests of the Crown had not been
concerned I would not have permitted any discussion on the question. But
I am sure His Majesty's Government will protect me from insult in the
exercise of my judicial functions, and in stating to any public officer
what I conceive to be his duties.
ATTORNEY-GENERAL ROBINSON.--And will also protect His Majesty's officers
in the execution of their duty.
JUSTICE WILLIS.--Mr. Attorney-General, I beg that you will not reply to
the bench in that manner.
The unseemliness of thus
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