A PECULIAR POSITION

Dominion, Volume 14, Issue 298, 10 September 1921, Page 6

A PECULIAR POSITION

CONSUL UNABLE TO GIVE SWORN EVIDENCE. By Telegraph —Press Association. Auckland, September 9. A peculiar - position arose iu a case that camo before Mr. M'Kean, S.M., in the Magistrate’s Court to-day.- It related to a dispute arising out of delay in the delivery of goods ordered from tho United States. Mr. E. Inder said that he had intended to call tho United States Consul to state the position of affairs in. America during the period when “ie delay in delivery occurred. The Consul was willing to come to the Court and make a statement, but he had intimated that as an Ambassador of the United States he was px-ecluded from giving evidence on oath. The question was whether the Court was prepared to accept such a statement and, if so, whether counsel on the other side was willing for it to be accepted when not given on oath. Mr. Gould said that he must have the right of cross-examination, if tho statement was made. Mr. Index- said that if tho Consul could not bo sworn he might object to be cross-examined. Mr. M'Kean said that he would hesitate to accept the Consul’s statement if he refused to submit to cross-examina-tion. Mr. Inder then elected to proceed with the case without asking the Consul to attend.