COURT INTERLUDE

Otago Daily Times, Issue 23428, 17 February 1938, Page 12

COURT INTERLUDE

DEFENDANT’S ATTITUDE FREQUENT INTERRUPTIONS MAGISTRATE CALLS CONSTABLE (Special to Daily Times) AUCKLAND. Feb. 16. A lively interlude was provided in the Magistrate’s Court between the magistx-ate, Mr W R McKean, and Ernest Adams agent, the defendant in a claim for money owing to a firm with which he had dealings. The defendant. who was not represented by counsel, frequently interrupted the hearing of evidence for the plaintiff company and a constable had to he summoned. The claim was made by the Ponsford. Newman and Benson Proprietary. Limited, tor £55 4s 7d alleged to be due for a quantity of clocks sold and delivered to defendant between August 18 and October 1 last. Messrs Jenkins and Rose appeared for the plaintiff company. When defendant applied for an adjournment so that he could call witnesses. the magistrate said he was nol satisfied that the reasons given for the non-appearance of witnesses were genuine and the adjournment wa« refused. “With due respect to your Worship and to this court, I say I am not getting fair treatment,” said defendant “ I consider the case should be adjudicated by someone else who is nol so biased toward me as you are.” “I have no bias toward you, and if you do not keep your seat and listen to the evidence the plaintiff intends 1o call, I shall deal with you in another way,” said the magistrate, “ You are biased toward me sir. defendant said, “ Get me a constable,” said the magistrate to the clerk of the court. “I shall have this man arrested for contempt of court.” When the constable arrived the magistrate explained that defendant would have to remain quiet or he could expect to be dealt with. Evidence was given that defendant bought clocks from the plaintiff company on conditions that were agreed upon between them. Subsequently it was learned that a number of the clocks were faulty, and they were not returned. No payment was made. Defendant gave evidence that the clocks were guaranteed as faultless, and he sold them as first-class goods, He said there was never any agreement that if the faulty clocks were returned he would receive credit for them. The goods were wrongly represented, defendant said, and they had placed him in a “tight fix.” The magistrate said he was satisfied no guarantee was given, the matter would have been adjusted in a businesslike way. Judgment was entered for the plaintiff company for the full amount, with costs, £8 lls 6d.