ALLEGED CONTEMPT OF COURT.

Oamaru Mail, Volume XXXVII, Issue 11783, 8 November 1912, Page 4

ALLEGED CONTEMPT OF COURT.

'A TALKATIVE LITIGANT.

CASE FURTHER ADJOURNED. •(Per Press Assoc Auckland, November-?-. The case M'Cowan 'v. J. H. Hannau, in which the plaintiff claimed the return of lis paid as a! deposit on the. renting of a- house from'the defendant, came up for the third time at the Magistrate'sCourt this morning, -before MriCi ; C. Kettle, S.M. When the case -was l heard; on Tuesdays Hannan, who had Iliad a number of arguments with the .Magistrate, alleging that the Court was prejudiced against him, was called upon -to show cause why he should not be committed for contempt of Court in 'telling •a' witness to disobey an; order by -the Magistrate that he must produce certain accounts. - f

;■ When the case called on this morning, Hannan, who conducted! his own case, asked for an adjournment for nine or ten weeks, "you. told me, your Worship," lie said, "that if I had any "complaint to make I should! apply to the Minister of' Justice. A deputation of prominent citizens is going tb wait upon the Prime Minister and the Minister of Justice Vrhen they arrive in Auckland, in order to ask for an inquiry into the injustice done me. lam quite prepared to pay the costs of the ;adjournment." . Mr Kettle replied that there was no ground for the adjournment, and he must refuse the request. ; Hannan then" traversed the "evidence at some, length, and concluded, by asking Mr Kettle to give him the clause in the Magistrates' Court Act which gave him power, to order a witness to produce private documents; "That is a-question-that I need not answer," said Mr Kettle, j "I: have power to call upon a witness to produce documents which he has referred to' in his evidence." ' _ ' Hannan protested against this, and: remarked, "This is a court of justice, your Worship, not a commission of inquiry. I submit that I have a right to knpw what authority you have for ordering the production of these i>rivate documents. I submit that your Worship ,has no power to order their production without the party's consent." ■ "I am of opinion that I have power," remarked Mr Kettle. "This is another put-up job engineered by the same syndicate who ordered those cases about my Baker street and Federal street properties," went on Hannan, resuming his commentary on the case. "The evidence of the sanitary engineers is grossly exaggerated, and-iu many instances pure fiction. I claim jukfcico'aud) right in (this Court; and I ask for it." -' ' : •

. "I have seen the house," said 'Mr Kettle, "and I intend to reserve my decision in tliis case. I now call upon you to show cause why you should not bo committed' for contempt of court." V Hajnian: 1 am conducting ; my own case as a layman, your Worship, aud i ask you to tell me what I am charged with. .v Mr- Kettle explained the position, whereupon Hannan stated that he had been unable to find any reference to the offence in tho Magistrates' Court Act. "I believe that I was within my'rights in acting as I did,'- he added. "I am a. law-abiding citizen. I have been a Justice of the Peace for nearly a quarter of a century, aud i am a visiting justice to the gaol: ' I liad 110 wish to insult the Bench." He wont on to explain that he would liko an adjournment to enable him to secure local Jegal assistance. .. " • , ' ■ Mr Kettle: Very well, 1 will adjourn the "case till to-morrow morning. It would have been far better for yoifit you had had a solicitor in all your, cases. r '' Auckland, November 8;J. H. Hanan, J.P., appeared 1 before Mr Kettle, S.M., charged with contempt of Court. -The Magistrate had anstructect'a mail employed' bj? Hanan to produce a book containing certain accounite. Haiian told the man he need not do so. ; Hanan disclaimed aiv> intention, of insulting the Court, but; maintained that the magistrate had no right- to .insist upon the production of a private document. The Magistrate said: that-to tell Nash in tho face of ; the Court", that he need not produce a book ordered to be produced by the Bench was an insult to the Court which coukfc mot be passed over. Hanan: saiid he would; withdraw what he had said. ~ -

Mr Kettle declined to accept "an apology. and imposed a fino -of £5, in default Seven- days' iinprisoiunent. _ Hahan "promptly paid the fine into Court.