“YOURS, FRED”

New Zealand Times, Volume XXXVII, Issue 8363, 25 February 1913, Page 10

“YOURS, FRED”

CROSS-EXAMINATION OVER A LETTER, CASE s2nds ABRUPTLY. , An unexpected and abrupt ending was reached in a case at the Magistrate’s Court yesterday, when Edward foreman proceeded against nis wite, Clara Foreman., for the variation ot an order in respect of access to a oll Mr T. M. Milford represented the applicant, and Mr A. B. Atkinson the defendant. . ' , , Mrs Foreman was cross-examined .by Mr Milford as to whether she had been corresponding with a ip 3ll ’ Fred Payne, who resides in Alberta, Canada. : The witness denied that shp had written to Payne on November 6th last. Mr Milford: If I produce a letter acknowledging the one you sent to Fred Payne in November, will you deny itr Mitness: I will. Mr Milford then produced a letter which he said was signed, “Yours, Fred,” and asked Mrs Foreman u she “would solemnly swear that this letter was not in answer to hers of November sth, and whether Payne always signed himself ‘yours.’ ” , Mrs Foreman; Yes, I will swear it. Mr Milford; Very well, 1 must accept your answer. . Counsel proceeded to fold the letter, and put it in the envelope. ]V|r Atkinson intimated hi a desire that the communication be handed over to him to peruse. Mr Milford refused. His Worship, Mr Riddell, S.M., held that Mr Atkinson was entitled to see the letter. Mr Atkinson said his friend’s proceduoe had been scandalous. It was totally wrong to cross-examine a witness upon a letter, and then hand over only a part of it to opposing counsel. Mr Milford: “You can cross-examine from anything—a slip of paper, a bit of a newspaper or anything.” Mr Milford then gave Mr Atkinson the first sheet of the letter, and folding the second, placed it in the envelope. Mr Atkinson appealed to the magistrate on the point. His Worship (firmly): This case is adjourned sine die. Mr Atkinson: I hope your Worship will see that I get the other part of the letter. His Worship: Yon can sue for it. Mr Milford (smilingly): My friend may have it after it is photographed. His Worship (to the clerk of the court): Call the next case 1