A PECULIAR POINT.

Press, Volume LVII, Issue 17247, 10 September 1921, Page 10

A PECULIAR POINT.

QUESTION OF AMERICAN CONSUL'S EVIDENCE. .(PBBSd ASSOCIATION TBLEOBAH.) • AUCKLAND, September 9. A peculiar position arose in urease that came before Mr McKean, S.M., at the 1 Magistrate's Court to-day- , ,It was in a dispute arising out of delay in the delivery of goods ordered from the United States. Mr E. Jiider said r fce had intendißd to call the United-States Consul to state the position of affairs in America during the period, the delay in delivery occurred. . 'The Consul was willing to come' to 'the -Court and moke a .statement, but had intimated that, as an ambassador of the 'United States, he -was precluded from giving evidence on oath. The, question was whether the Court was prepared to acept such a statement, : and, if so, whether counsel on the other side was willing for it to "be aooepted when it was not given on oath-. ; Mr. Gould eaid he must have the right of cross-examination if a statement was made. - Mr Inder said if the Consul oould not be sworn, he might object to be crossexamined. Mr McKean Said he would hesitnte to. accept tlha Gbnsul's statement if he roiused to uubmit to cross-examination.'' -fu ;P d « r elected -ta proceed .with tho case without asking the Consul to attend.