MAGISTRATE AT A LOSS.

Feilding Star, Issue 352, 24 August 1907, Page 4

MAGISTRATE AT A LOSS.

Auckland, August 23. Wiifn the Court resumed, Mr Earl was in attendance, and addressing tlu» Court said that in ordinary proceedings where there was one party a complainant and another party a detendant it was quite au ordinary tiling to have witnesses ordered out of Couxt. Mr Kettle: I have ruled and caunot allow my ruling to be re-opened. Mr Earl: 1 must point out wir.a gruiti respftM. that i differ from your ruling \li Baume and myself cannot proceed with thi* inquiry and do justice t<« cur clip." ts If we are left without the pers'.'jis we are acting .for to bo at cur elbews to advise us. 11 wo nro not aiiowed to have them hero wo a co 1 andicap_pe<d, and I submit witii till deittrenoe to the Cov.rt that it will not le a fair inquiry to them. Mr is title: I have already ruled. I don't see any reason to go back up- j in thai at all. It is not necessary that witnesses who were not actually working the train should leave the Court. Mr Earl pointed out that the inquiry embraced v/ithin its scope an iu. I quiry into the efficiency or otherwise J of the Westinghouse, and secondly tho | duty of tho Court would be to inquire whether there was any fault on the I part of the traffic or local men. Mr Kettle: There's no charge. Mr Earl: There's no charge, but a charge might be developed, and that's tlie very reason we are here. By your ruling vve are left without any chance \.t Irving our dients' interests. Mr Kettle: 1 .see no reason to alter my former ruling. Tho stotionmaster at Putaruru was tlte.'i called and Mr Kettle ordered tiic tr;iin witnesses to leave the court and tv-ld them they could occupy a room inthe lower hali. Six men went out. Mr Baume: AVith tho utmost defer-eii.-o we fo.el it our duty to retire at th's stage of the proceedings. Mr Kettle: Very well. M r Baume said that unless Mr Kettle saw any way to compel the witnesses to attend and give evidence his advice to tlcm was not to attend . Mr Kettle: Very well; I am very sorry. Mr Earl then left the room and Mr Bfiutne moved towards the door to speak to some of those in the hall and he was called back by Mr Kettle, who saidj "'Do I understand that you advise these witnesses not to give evicieiioe.'' A warm interchange followed bo-tu'i't-Ji Mr Kettle and Sir Baume as to tiie pi-t.pi id j «:f the course taken by tho letter, Mr Kettle saying that if the men did not appear they would le compelled to come ultimately. A number of witnesses left the Court. Edward John Harding Harris, stationraaster at Putaruru, gave evidence as to the accident, in the course of which he said: "In addition to Putaruru I have 19 other stations under my control between Morrinsville and Botorua; there is no stationmaster except myself and so there is a great deal of office work to do. lam at it 16 hours a day, that is what I average to cope with the work." Mr Prendergast: Do you actually work 16 hours a day? Witness: And very hard, too. Mr Kettle: You are at a total loss to explain the accident? Witness: Yes? At this stage the taking of the evidence of the stationmaster having oc cupied till nearly 6 o'clock, it was lecided to adjourn but Mr KettJe said he first desired to say ■ that he had ;ent for all the train men available ?is witnesses. They came on a verbal subpoena They were advised by counsel not to givo evidence unless subpoenas were issued to them. The inquiry was being held under the Railways Act and he was not certain that tnder that Act he had power to commit. He would look into the point. Had it been another Court he would have known what to do. If there no power to commit for contempt ard the witnesses refusod to obey the subpoena it would be a peculiar positionHe wanted to ask, however, that tlw 1 \ rren should be instructed by ihe o.flß oers of the railways; — their own off; oeis— to attend on -the order of the Court and to obey ihe order of the Court on the following morning. If the men trok up the position thnt they would not attend and it was rtut possible for him to cempel them to- »t« tend it might upset the whole inquiry. Proceedings were then adjourned till to-morrow