AN UNCOMMON CASE.

Auckland Star, Volume XLVII, Issue 174, 22 July 1916, Page 9

AN UNCOMMON CASE.

CHARGED WITH CONTEMPT. FOR NON-APPEARANCE. An uncommon ease was heard before Mr. C. C. Kettle, S.M., at the Magistrate's Court this morning, when a witness was' called upon to show reason why ho should not be committed for contempt of court for failing to appear at the Court on Thursday last, as required by a subpoena which had been served upon him. Mr. Dcnniston appeared in support of the motion, and Mr. 'Clayton appeared for the witness. During the examination witness said that he did not read the subpoena when it was served upon him, but did so after one o'clock, when he returned from having lunch. He was very busy then, and thought that if he went up to Courv later it would be all right. He anticipated having to wait about the corridors of the Court. The .Magistrate: Why did you not try

to get leave tn attend the Court for aq'uarter of an hour? Witness: I should have done so, but I made a mistake. 1 intended to come when we dosed. The Magistrate: Solicitors sometimes casually wander into this Court an hour or so late, hut why didn't you appear? The witness propertied to explain thai he had mado a mistake. Mr. Uenniston submitted that the witness had deliberately flouted the Court, and that if the magistrate did not inflict some small fine in this instance a bad precedent would be set. Mr. Kettle said be would take earn of that. Applications of this sort fortunately were rare. As far as memory served him, this was only the second case of this sort he hnd had before him during the whole time he had been on the Bench. As a rule when witnesses were subpoer.aed —especially they were business mcn —some jarangement was marie for their at Court. In the pro- ! sent case he would reserve his decision.

j The judgment summons in. respect of .which the witness was subpoenaed was j afterwards railed, and. at the consent of i the plaintiff's solicitor, was struck out. i I ■ ■ - ' -