CALL TO CITIZENS

Evening Post, Volume CXVIII, Issue 102, 27 October 1934, Page 11

CALL TO CITIZENS

DUTY EOE JUSTICE SAKE

A WITNESS CRITICISED

REMARKS BY CHIEF JUSTICE

A call to citizens to see that justice i.s done,.not only as'between the King and his subjects, but also as between man and man, was made with emphasis by his Honour the Chief Justice (Sir Michael Myers) in the Supreme Court yesterday i afternoon. He said it was the duty of every citizen to come forward and toll the Court freely what ho knew of any matter.

His Honour was prompted to make his comment during his summing up of the evidence tendered in a claim for damages, by reason of the fact that a witness subpoenaed by the defence hud stated that he "would rather be ,out of it." The witness had been the driver of the car approaching the scene of an accident. Counsel for the defence had not been able to secure any indication of what the witness would say, as the man had not ' inado ,-any statement,' and it was only under the pressure of a subpoena "to attend and fail not at his peril" that tho man came to court. • ' • ' ■ "- In the box the witness said'he had had to be subpoenaed and would rather bo out of it because "unfortunately he was a near acquaintance of the plaintiff." His Honour characterised his evidence as "absolutely colourless" and of such a character that his Honour failed to understand why witness had been reluctant to attend. GAP SUGGESTED. Tivo passengers in. the witness's car were called and one of them, in answer to a question by his Honour, said she had first had her attention drawn to the accident as the result of an exclamation by the driver. She then saw tho accident take place. ,The driver who had to be subpoenaed had said he merely saw the collision. . . "No doubt you regret, as I do, gentlomen, that one man called as a witness doesn't seem inclined, to help you in the least," remarked his Honour to the ■jury in the course of his summing-up. "I cannot help thinking, gentlemen, that every citizen is interested to see •justice done between tho King and a subieet, just as . much as. between man and man, and if a person soes something happen—and what he has seen should be told in order to do ■justice between man and man—it is tne duty of that person'to come into court and say what he knows." The witness . subpoenaed had said "precious little," and it had been loft to hia Honour to ascertain from two witnesses that tho man must have known more than he said in "court. If ho knew more than ho said, why did 1 10 not tell what little he did know? He regretted that the, man. had not shown, to advantage, but the jury would.have to consider the body of evidence as it stood. ' . ■ ■