MAGISTRATE’S DIFFICULTY

Nelson Evening Mail, Volume 76, 13 October 1941, Page 4

MAGISTRATE’S DIFFICULTY

IN A RESERVED DECISION ! “About this champion lying case—don't know what to do about it. ’ commented Mr T. E. Maunsell. S.M.. th e morning in the Magistrate's Court when he was considering his reserved decision in the civil case in which Charles Gillingham Howard, carpenter, claimed £36 5s 4d from Eric Gunner. It was alleged that defendant had taken a quantity of timber and other property belonging to Howard from the house in which both w'ere living and dumped it on the bank on the Maitai river .-o that much of it was lost or damaged. Mr H. G. Brodie represented plaintiff and Mr J. R. Kerr appeared for defendant. “I have difficulty in believing the husband and wife on either side.” added the Magistrate. He said that he had nearly violated all the canons of legal procedure b.v ringing up a technical witness on the question of depreciation of the timber, to avoid the expense of calling the witness again. If both counsel agreed he would consult the witness on the point of valuation. The Magistrate indicated that the plaintiff would recover something but nothing like what he was asking for. Counsel agreed.