LITIGANT REBUKED

New Zealand Herald, Volume LXXIII, Issue 22355, 28 February 1936, Page 13

LITIGANT REBUKED

CREDIBILITY AS WITNESS CRITICISM BY JUDGE [bt telegbaph—own cobrespojtdext] Jv£"W PLYMOUTH, Thursday With defending counsel dissociating himself from the evidence given by his client, and the Judge severely commenting on its credibility, Beuben Qassall, of Stratford, was not successful in a counter-claim to an action; instituted by the Public Trustee in the Supreme Court. Contesting the claim, Hassall, in the box, contradicted the evidence offered on behalf of the plaintiff. As -his -evidence was given near the end of the hearing. Mr. L. M. Moss, counsel for the plaintiff, asked Mr. Justice Ostler to make some comment on the evidence offered by Hassall. chiefly to clear the names of .the witnesses on, the plaintiff's side. ''l will do that," said His Honor. '"My belief is that you couldn't hang a cat on Hassall's evidence. I don't believe a word of what he says. I really wonder whether I should order the police to prosecute him for perjury, but I do not think it would be worth while. He is the sort of. man who endangers his own * safety by coming into Court to make statements of the kind." It was then that Mr. C. H. Strombom. counsel for Hassall, asked permission to dissociate himself from the evidence offered by Hassall. "1 mean no reflection on you. Sir. Strombom," said His Honor. " You were merely doing your duty." Mr. Moss: 1 intended no slight on my learned friend in asking for a comment from Your Honor. The claim was made by the Public Trustee against Hassall for the possession of chattels, certificates of title, £"2O damages and £ls 5s 7d for rates and insurances. Hassall counterclaimed for probate of the will made by his mother on November 24, 1933, to be declared void in favour of pro bate of the original will of 1923: In giving judgment His Honor ordered Hassall to return three china teacups and saucers, or alternatively £2. to return the certificates of -title and £lO damages, to pay £ls 5s 7d rates and insurance, and to make a declaration that the will made by his mother on November 25, 1933, was valid. 9 =