THE MISSING WITNESS

Dominion, Volume 16, Issue 172, 9 April 1923, Page 9

THE MISSING WITNESS

DR. THACKER IN A NEW ROLE. When Alfred W. Smith was charged in the Magistrate’s Court with failing to signal when turning a motorcar into the street (says the “Lyttelton Times”), there was no appearance of the Mayor (Dr. Thacker), who was called as a witness. “There is a subpoena here for Dr. Thacker, the informant in tho case, but he hasn’t turned up,” said the clerk. , “Why isn’t your witness here? asked the Magistrate of tlio city motor and traffic inspector (Mr. H Macintosh), who was conducting the case. . . , “I don’t know, sir,” he replied. “I ask for costs,” said Mr. Johnston. “My client has been waiting all the morning.” “Do you want an adjournment to get your witness asked tho trato of Mr. Macintosh. Mr. Macintosh said that ho had been out of town. It was not till that morning that he. had found that Dr. Thacker was a witness in the case. Mr. Johnston: Dr. Thacker is really the instigator of the whole proceedings. If he stays away, tho case should be dismissed. The inspector is merely acting under his instructions. It is the doctor’s’ duty, not only as the chief witness, but as Mayor of the city, to come along.” . “It is rather an unusual position, itsn’t it?” said tho Magistrate. If there is one man who should. take care of the city by-laws, it is the Mayor. One would think so. Anyway, he has sent mo no -word, and in the meantime you cannot go on. .1 think the defendant is within his rights in having the case dismissed without prejudice. It is dismissed without prejudice. He is under no obligation to bo brought here twice.’ The Magistrate allowed the defendant ss. witness’s expenses and the solicitor 10s. 6d. expenses against the informant.