“CASE LASTING TOO LONG”

Press, Volume XCVIII, Issue 28911, 3 June 1959, Page 7

“CASE LASTING TOO LONG”

Complaint By Counsel The Pyramid mower claim had been going on too long—a big company with assets was trying to “starve out” a small company, claimed Mr R. W. Edgley, counsel for Pyramid Machines, in the Supreme Court yesterday morning. Mr Edgley had risen to object to the length of time Mr R. A. Young, counsel for W. H. Price and Son, Ltd., was taking in examination of the witness Fraemohs. He suggested that “it was about time” Mr Young briefed his witness. Mr Edgley also complained of the “evasiveness” and “slowness” of Price’s witnesses. Mr Young replied that “Price’s life depended on the outcome of the case.” Mr Edgley’s objection came when Mr Young referred Fraemohs to a diary entry, and asked him whether he knew anything about it. “I think it is about time Mr Young briefed his witness,” said Mr Edgley. “I think this case has been going on too long. I would suggest that a big company with assets is trying to starve a small company.

“I am concerned about this case going on so long,” said Mr Edgley. His Honour: So am I, Mr Edgley. Mr Young: Price’s life depends on the outcome of this case. His Honour: I realise that, Mr Young. Mr Edgley said that Price’s witnesses had been evasive, would not come to the point, and were slow. “I’ve never had to chase witnesses so much for so little. I questioned one witness, and it took five pages of evidence before I got a simple answer of “yes.” “I would not agree with them being evasive but I agree they have been slow,” said his Honour. “I hope you will have better success with cross-examin-ing Mr Fraemohs.” Mr Young: Mr Latimer’s evidence was long and drawn out. When he answered a question, we got a treatise. Mr Edgley: Mr Latimer , was the first witness, and had to advise the Court what the ground was about AH the rest of the plaintiff’s witnesses were direct, and to the point. “We have reached exhaustion point,” said Mr Edgley . His Honour: We reached that point long ago. Fraemohs gave evidence that on April 4, 1950, Pyramid Machines had agreed to him they had specified a motor of ? horsepower “but they now knew that much more horsepower was required.” “Who said this? I presume it was not a singing chorus which said this?” interrupted Mr Edgley asking that the point be clarified. “Latimer said this. Ordinarily, the spokesman for Pyramid would be Latimer,” said Fraemohs.

When Mr Edgley rose to clarify another point, Mr Young said: “1 will discuss it with the witness in the lunch hour in case there is something I have overlooked.”