CONTEMPT OF COURT.

New Zealand Herald, Volume XLIX, Issue 1514, 9 November 1912, Page 5

CONTEMPT OF COURT.

JUSTICE OF PEACE FINED. PENALTY OF FIVE POUNDS. MR. KETTLE'S COMMENTS. , Tut; charge of contempt of Court made against Mr. J. H. Ilannan, J.P., by Mr. C. C. Kettle, S.M., on Tuesday last had its sequel at tho Magistrate's Court yesterday. On Tuesday, Hannan was the defendant of a claim for lis, one of the witnesses in, tho case being a carpenter named Nash. At the close of the hearing Nash was ordered by Mr. Kettle to produce a book containing certain ' accounts. Mr: Hannan told tho witness Hot to do so, the result being that on Thursday Hannan was called upon to show cause why lie should not be committed for contempt of Court. An adjournment until yesterday morning was granted to enable him to secure the services of counsel. Upon his appearance Hannan was asked by the magistrate if ho was represented by counsel, a reply being given in ' tho tiveMr. Kettle : But I thought I adjourned the case to enable you to get one? Mr. Hannan: I have consulted-my solicitors, and they could not find anything iiii the section of the Act which gives Your Worship power to order a witness to produce a private • document. Section 185, under which I am charged, refers to persons insulting magistrates or justices of the peace. I honestly and sincerely disclaim any intention of insulting Your Worship. Mr. Kettlo : In the open Court you told tho witness not to comply with my order—■ that is the position. There were plenty of insults to me personally'which I might havo treated as contempt of Court, but I preferred to regard them with contempt. I hold that what you did was gross contempt of Court. The contempt you are charged with is yotlr telling the witness not to produce the account*. Mr. Hannan: I haven't studied that aspect of the case, Your Worship. I disclaim any intention of insulting you. Mr. Kettlo : I can afford at all times to treat you with contempt, but I must draw the line somewhere. Mr. Ilannan : My telling the witness not to produce tho accounts -was not meant as an insult. I am a law-abiding citizen, and had no wish to insult a public representative of our most Gracious Sovereign, His Majesty the King. You can accept my assurance that I have been very ill of lato. (Laughter.) That seems to amuse tho Court. Mr. Kettle : Go on with your explanation. Mr. Hannah: Yes; at times I have been extremely unwell with influenza. I acted inadvertently, and on the spur of the moment. . Mr. Kettle : 1! have tried to explain the position. Yon ought to know perfectly well that your contempt consisted of telling the witness' not to produce the accounts. I don't care what you say about I me, but there must bo a limit. j Mr. Hannan : I'm very sorry. Your Worship. I'm a law-abiding citizen, and believe in law and order. Mr. Kottle : I am of opinion that your conduct in this, matter was gross oontempt of Court. It was an interference ■with tho administration of justice, and your misbehaviour constituted contempt of Court. You had ample opportunity to purge your contempt, but despite such opportunities, have delayed it till the last moment. I understand that what you have said is an apology, but I cannot accept it. I have often suggested that whenever there is a conflict of law or evidence you should be represented by a solicitor, and thus prevent theso unseemly scenes. I am sorry that you should appear so in Court, and that these scenes have been of such frequent occurrence. It is no fault of mine. Your own ignorance and want of knowledge makes you make these dreadful attack.* on witnesses. It is bad to see you como to Court and charge health officers, doctors, and inspectors -with corruption and conspiracy. You have got an idea that because you are not always successful in your litigation the haitd of everybody is against you. I would bo guilty of a grave dereliction of my duty were I to overlook your contempt of Court. You will bo fined £5, in default seven days' imprisonment.

Impelled by curiosity, an unusually large number of spectator had gathered in the Courtroom, and these, upon the pronouncement of tho alternative to the fine, gave vent to an audible laugh. Mr. Hannan, paid the fine immediately, and without further remark left the room.