NO APPEARANCE!

Press, Volume LIX, Issue 17732, 7 April 1923, Page 8

NO APPEARANCE!

*— — DR. THACKER AS A WITNESS. Scene, the courthouse; . the hour, 11.45 yesterday morning. Mr "Wyvera Wilson, S.Mj, on the Bench. The case of Alfred W. Smith, a motor importer, for whom Mr F. W. Johnston appears, has just been called. He is charged thai on March Bth he turned his motor-oar to the right, and failed to give notice of his intention to do so. The Magistrate, to the City Traffic Inspector (Jir it. Macintosh;: Who is your witne^P The Inspector: Dr. Thacker. , Thg, Court Orderly (taking up the cry): i>r. Thacker 1 Dr. Thacker! (and faintly, way down the passage), Dr. Thacker I' (Returning). No appearance, your Worship. The Magistrate (sternly): Why isn't your witness here? The Inspector (meekly): I don't know, Sir. Mr Johnston (joining in): I would ask for costs, and costs for my client. He has been waiting here for half a day. The Magistrate (to the Inspector): Do you want an adjournment to get your witness Y # ■ The Inspector (obviously puzzled): I don't really know. I have been away. ... I had better ask for, an adjournment. I know he is due to sail. ... Mr Johnston: The subpoena waa left at his house on March 28th. Dr. Thacker is really the instigator of the .whole proceedings. If he stays away, the case should be dismissed. It is his duty, not only as the chief witness, but as the Mayor of the city, to appear. The inspector is merely acting under bis instructions. I think it ought to be dismissed, and that will be the last that will be heard of it The Magistrate- It ii rather an unusual .position. If there is one man who pjipuld take notice of a summons in connexion with the city by-larta, it is the Mayor. However, lie has sent no word to you and the case cannot on, I ThinJs (the defendant is within his rights. _ The case is dismissed without prejudice. The defendant is not obliged to come her® twice. Costs are allowed —defendant ss. and solicitor 10a 6d.