NO WITNESSES.

Sun (Christchurch), Volume I, Issue 203, 1 October 1914, Page 7

NO WITNESSES.

THE MYERS-CROZIER CASE. ADJOURNED TILL TO-MORROW. -i .In the Supreme Court'.this morning the case was called on of A. H. X'rozier v. John Scott Myers, an appeal in an 1 ' affiliation matter of long standing. Mr X. T. Harper appeared for the appellant (respondent in the initial proceedings), but respondent was not repre-' sented by counsel. NO NOTICE. I Myers told the Court that his counsel ■was not present because he had received no notice of the hearing. , -~ His'"Honour: I understand you have ■ counsel. # Respondent: I have had no notice. I only knew the case was coming on by —Bering it in this-morning's paper. The Registrar: Mt Flesher told me he wis going to appear. His Honour: The solicitor on your —liehali' told the Registrar that he was .going to appear. The hardship on the appellant is this: He has to go on pay- - ,>ng these -arrears in spite of the -appeal, ■well knowing that he can never recover •.any part of, them back. Now you come .-Jiere.and raise objections to the hearing. You knew the case was coming on. You say Mr Flesher declines to come here ■because he has not received notice? -Respondent: We have do witnesses. The witnesses on the, Crozier side have not been, into the box nor into Qourt His Honour: I do not want to know anything of that. I want to deal with' this particular niatter. I have come ■'-'' here particularly that this thing might be heard. When did you first know of it? -' ~•■"' Respondent: All I got was a notice a few days ago, saykig the" case would be heard, but not saying when. His Honour: If you had wanted to be here you could havs been. • Respondent: I have had only that notice. v. The Registrar said notice had been given to Mr Flesher the morning they 'received his Honour's telegram. ... His Honour said he had perhaps made too much of this case in the past. (To the-respondent): When can you get witnesses'! '•■'-. 'Respondent: To-morrow, I think. MR FLESHER; ATTENDS. In response to a "telephone; message . -Mr- Flesher attended. His 'Honour.:. I. Ssked you to come down, to oblige me, Flesher; otherWise I am left with. Mr .Myers. Mr 'Myers says he received his first notice - this morning.. You know there is a hardship in this case. Mr Myers says - he?cannot get witnesses. Are.-.you retainedin the casef : ~•• : Mr Flesher: I. understood I was retained for the appeal—-^-.'_ , r ■■-'■ .His Honour: I am, glad of ..that. The ©lily Way.to deal..with.-this case is by counsel. - Mr..Flesher:. I fully, expected in .re-gard-to the appeal that I would get the ordinary three day?'.notice. , ' His Honour: The.difficulty is I had to ' ''• ge£ away. The appellant is prejudiced by the fact that he has to go on paying' arrears. He is.paying money that he might not have to pay, and should not pay> - '•'''" "■■■■'"•' Mr Flesher: I will be happy to do what'you want. ' v -, ~„ Finally the matter was adjottmed* till tomorrow, his Honour remarking that hm hoped that would be the end of.it.