BREEZE IN COURT

New Zealand Times, Volume XLVI, Issue 10718, 12 October 1920, Page 5

BREEZE IN COURT

MAGISTRATE & SOLICITOR ARGUMENT AS TO WHAT ARE LEADING QUESTIONS. During the hearing of evidence at the continuance of the inquest held yesterday on Alfred Talbot Maile, who died from injuries received through being struck by a motor-car, Mr A. W, Blair, whp represented William Arthur Webb, the driver of the motor-car, and Mr J. S. Evans, S.M., the coroner, had a sharp wordy wrangle, the substance of which was as follows: Mr Evans Cto Webb, who was in the witness-box) : Then you drove completely over the man? Mr Blair objected to the question put by the magistrate, and suggested that the witness should be allowed to give his own evidence and toll his story in his own way. Mr Evans: You have no right to protest. I am examining th© witness ;n a most careful manner, and am not leading him. Mr Blair:, I submit that 80 per cent, of your questions are leading ones.

Mr Evans maintained that the question he put to the witness was not a leading question. The witness, he added, had the right of saying yes or no to it.

Mr Blair replied that if the witness was not permitted to tell his story in his own way he (counsel) would instruct him not to tell it afc all. ''Evidently," continued Mr Blair, "Your Worship and myself differ as to what a leading question is, and I respectfully submit that the form in which tho questions from the Bench are put make them leading ones. I must, of course, defer to lour Worship's ruling, bub I propose to recommend the witness to refuse t>o give evidence unless he is permitted to tell his story. Your Worship, I submit, is cross-exam-ining the witness." The magistrate said he was only examining the witness on facts which were admitted and had not asked a leading question. Chief-IJeteotive Ward contended that Webb was only entitled to refuse to answer questions on the ground that his replies might tend to incriminate him.

Mr Blair stated tha* he was perfectly willing to allow the witness tojbe examined? £•

Mr E'vans said it was a coroner's duty to examine witnesses in order that the whole of the circumstances of the case might be brought out-. "It is my desire to be fair to the witness and I have not asked any questions that may be unfair to him," he concluded. . Mr Blair respectfully suggested that Chief-Detective Ward bo allowed to examine the witness. Mir Evans stated that it was tho duty of. a_ coroner to examine witnesses, and he did not suppose that counsel was suggesting that Mr Ward was more competent to cross-examine the witness than the coroner. Mr Blair said he did not desire to leave any doubt in the mind of the court as to what he intended to convey. He contended that' the magistrate was putting leading questions. "I suggest," said the magistrate, "that you do not understand leading questions. If you want to withdraw the ■ witness you inav do J so." ■ Mr Blair asked MY, Evans to make a note on the depositions that counsel only objected to the method of examination and not to the examination itself, but this the magistrate declined to do, and the evidence of the witness was proceeded with.