LITIGANT OBJECTS.

New Zealand Times, Volume XXXVI, Issue 8181, 24 July 1912, Page 1

LITIGANT OBJECTS.

WANTS ANOTHER MAGISTRATE. AUCKLAND COURT CASE TAKES STRANGE TURN. PBES3 ASSOCIATION. AUCKLAND. July 23. Some little excitement was caused at tho Magistrate’s Court to-day over tho case of John Currio v. J. H. Hannan, in which plaintiff claimed £23 16s 6d for preparing plans for additions to de. fondant’s house at Remuera and for advertising for tenders. Defendant was represented by Mr Gould, but after some legal argument on the subject of a counter claim the latter informed Mr C. C. Kettle, S.M., that his client had expressed a wish to conduct the case himself, and ho would therefore ask leave to retire.

Mr Hannan then advanced to the vicinity of the bench and said he wished to appear on his own behalf. He would ask that the case be allowed to stand down unless it could bo heard by another magistrate, as he had not been satisfied with his treatment in tho past. Mr Kettle: You can apply to the Supremo Court for a prohibition if you like, but 1 am going on with the case. You have no right to come here and practically insult the bench in this way.

Mr Hannan then asked that the case might, stand down till the afternoon, so that he might get a legal opinion. “I did not expect'that your Worship would take tho case," he added. “ 1 think your Worship knows my feelings.” Mr Kettle: I don’t know your feelings. I can’t discuss that. I want to know whether Mr Tunks (for tho plaintiff) is prepared to wait. Mr Tunks: I don’t wish to take advantage of Mr Hannan’s position. Mr Kettle; Well,, it seems that his solicitor has thrown up his brief. Mr Tunks: Mr Gould did not throw up his brief. I believe he was asked to retire from the case.

The adjournment asked for by Mr Hannan was then granted. On the court resuming in the afternoon, Mr Hannan rose, and said: “j must respectfully request your Worship to allow the case to stand down to enable it to bo heard by another magistrate.” He then read a statement from a paper, in the course of which he complained of the way he had been treated* in the court, and said he was convinced that he could not got justice unless the case were heard before another magistrate. Mr Kettle: Hand me. that paper 1 !

Mr Hannan: The notes are my owii: Mr Kettle: I' order vpu to hand me the notes. I will forward them at once to the Minister for Justice so that he may take such proceedings as he thinks fit. Mr .Hannan: They are only rough notes, your Worship. Mr Kettle: Hand them to .me. Mr Hannan was still refusing, saying that he would make a copy. Mr Kettle: I order you to sit down and make a copy now. Mr Hannan: I’m a hit agitated; your Worship. I would like to make a copy in my own office. Mr Kettle: Very well. Only, I will require you to make the copy and bring it to me this, afternoon. Mr Hannan'then left tho court, remarking that he was sorry he could not agree to the case being heard, but he felt that the injustice that he had suffered in the past was too severe. Mr Tunks said he much regretted the allegations that had been made byMr Hannan against the bench, and- he felt that he expressed the opinions of all the members of the bar who had ap. peared before Mr Kettle when,he gave them an emphatic denial. The case was then further adjourned.