RIGHT TO ARGUE CASE

Evening Star, Issue 15607, 25 September 1914, Page 8

RIGHT TO ARGUE CASE

PLK.A THAT DECLINE TO ALLOW.

A fortune teller'* claim to the right to argue his ca.«e before .magistrates, in addition to (riving evidence, was before a King's .Bench Divisional Court (London) on July 28.

Mr Leonard moved, on behalf of Mr Charles Button, for a rule nisi for a mandamus calling upon the Birmingham justices to show cause why they should not state a case on a. point of law. 'Mr Burton was charged with pretending to tell fortunes. He conducted his own case, and wished to cross-examine with a view to showing that he had no intention of deceiving, 'but. th» cross-examina-tion was stopped by the justices.

He then elected to 40 into the witness box. Having given evidence, he claimed his statutory right to argue hi* case with reference to the law and the evidence, under the Summary Jurisdiction Act. The magiairates, however, reftiled. He \vas convicted and fined £lO.

Mr Justice Darling : What was his legal point? That it was a necessary inured iant in the offence that he should have had an intention to deceive, and that he had no such intention.

Mr Justice Darling: Did he nay that on oath?—He was stopped when he wae cross-examining as to that. His legal point was that they had wrongly shut out that cross-examination. The ■Court granted a rule.