WARM DEBATE IN COURT.

New Zealand Herald, Volume XLIX, Issue 15143, 6 November 1912, Page 7

WARM DEBATE IN COURT.

MR. KETTLE AND DEFENDANT

QUESTION OF CONTEMPT.

AN EXPLANATION REQUIRED.

Severai, warm debates took place between Mr. C. C. Kettle, S.M, and J. H. Hannan, a defendant in a civil action, at the Magistrate's Court yesterday. -Ultimately tho latter was ordered to appear on Thursday to show cause why he.should not be committed for contempt of Court. Tho action.was brought by. Mrs. Macown to recover from J. H. -Hannan, diaper, the sum of lis, paid .in advance-as rent for a house. She stated that she bad not gone into the house because it was not fit to live in.. The case came before tho Court originally a week ago. Hannan was .asked to. produce his rent book, but refused. Subsequently the case .was,adjourned, in order that the report of the city sanitary inspector might be produced. The parties were not,represented by counsel. • ''.'.

Sanitary Inspector's Evidence. . William Stanley Home, sanitary inspector, during yesterday's proceedings, de- ! posed that ho visited the cottage in Weststreet on October "17. Ho had found the ceilings and -walls in a dirty state. Certain ropapering was necessary, while the floors of the passage and scullery, the roof of the scullery, and some of the existing spouting, were all defective. Some of the foundation blocks, together with various joists and plates, wore rotten, while the sink in the scullery had no waste pipe. Two old sheds in the backyard were in a' dilapidated condition, and likely to harbour rats. Some of. the matters mentioned had been attended to subsequently. The Question. Mr. Kettle, (to Mr. Hannan, who was asking several questions about tho liabits of tenants) : The question I have to decide is whether the house was fit for human habitation on October 17. Mr. Hannan : Tho question you have to decide is whether it is habitable now. Mr. Kettle: Excuse me, the question is as I stated. Evidence was then called by the defendant. John Wrigley, a retired builder, stated that lie had examined tho house- on Monday, November 4, and found it a nice, comfortable four-roomed cottage. Mr. Hannan was interrupted in his examination as the magistrate ruled that certain .evidence was not admissible. The Defendant Warned. Mr. Hannan: I- know it is a. difficult job for me to prove my case with the Court against me! Mr. Kettle : Oh! Perhaps you had better go on with the case, but don't bo impertinent. Mr. Hannan : Thank you, sir! Mr. Kettle : You are a justice of the peace of somo standing, and should know that hearsay evidence cannot be allowed. Robert Nash, a builder, gave evidence that he had repaired the house, and that on 1 October 14 or 15- three rooms were in a fair state, there being only one room," the kitchen, to attend to. ' •' - Further- evidence as to the'state of the house was given, by William Richardson. Mr. Hannan : You know that the Court has sent inspectors to my houses, to condemn them?, l ' '■' "'"." • '"') I t Mr. Kettle objected to this 'question! ' Mr. Hannah'-: 'Did you not', Your Worship, send a man to Baker-street to inspect my house with instructions to have it condemned ? Mr. Kettle: Absolutely untrue. It is not nocessary for mo to answer such a question. If you have any complaint to make" about me, you can make it to the Minister for Justice. • If this goes; on I will be compelled to take steps to stop it. A Victim of Conspiracies. William Richardson, continuing his evidence, characterised the report of the Government inspector as absolutely false, and full of what ho believed to be deliberate lies. The statements were outrageously exaggerated. Tho report of tho city sanitary inspector was also incorrect in manv details. Mr. Hannan: You think that I am the victim of a conspiracy ? Mr. Richardson: Yes. , , i Mr. Hannan: Yon know I have been the victim of conspiracies before ? .■" Mr. Richardson: Yes, I know you have. Charles Thomas Haynes, chief city sanitary inspector, stated that he had visited, the house on October 30, and had found it habitable. Mr. Hannan: You know that any complaint made about any of my properties is attended to at once? Mr. Haynes: No, I do not. Mr. Hannan: Can you give me inS Mr. Haynes (smiling) : Yes, I can give you several, but I would not advise you to press for answers. Mr. Hannan did not press for the answer, and went on to ask questions about the present case. ' ' The magistrate decided to inspect, the house, and to resume the case, on Thursday morning.' Alleged Contempt of Court. Mr. Kettle, as the Court was being cleared, asked Mr. Hannan to see that the witness Nash brought the original statement of the work he had done at the house to the Court on Thursday morning. Mr. Hannan : I don't see what that has to do with the case. It doesn't matter whether I paid him £1 or £10. Mr. Kettle: Oh, very well, I needn t trouble with von. Mr..Nash, please bring the original document to .the Court on Thursday morning. • Mr. Hannan (to the witness \Nash) : iou needn't bring it! . Mr. Kettle: It is very difficult to deal with a man like you,-Mr: Hannan. -I have given my orders that the document should be brought. Your action is -a gross contempt of Court, and I shall call upon you on Thursday next; to show cause why you should not ho committed for contempt, in that you ordered that witness to disobey the order I have given him. • Mr. Hannah then left the Court.