WITNESS CHECKED

Poverty Bay Herald, Volume LXIII, Issue 19128, 24 September 1936, Page 15

WITNESS CHECKED

ATTACK ON CRITICS REBUKE BY HIS HONOUR An effort by a witness to launch. an attack on others from whom ho -disagreed was checked by Mr. Justice Fair in the Auckland Supreme Court. . The case was that in w'hich trustees, for debenture-holders in New Zealand Redwood Forests are asking to havo a £7500 mortgage declared invalid. After he had given evidence, M. H. Hampson, a Rotorua solicitor, said he accepted full and complete responsibility for every statement made in the Court of Appeal case in J. W, S. MeArthur's name. Every such statement was trne both in fact and in spirit. "I want to ,say further," said Witness, "that the Wholo of His Honour's adverso comment proceeded upon the mistake as to tho £IO,OOO mortgage. That arose through counsel putting in a draft of the document at the opening of tho trial. I want to make the further statement that there is not one adverse comment in tho inspectors' report which is not based either upon a mistaken inference, upon unproved fact, or deliberate misrepresentation." His Honour: I cannot allow you to go further. When you are given an opportunity to make* a. statement you should make it with discretion. I shall not allow yon to develop it into an attack.

Witness: I have lost tho wholo of my practico at. the bar from the public calumny that has been hurled at me during "the last, six years. His Honour said he -would give witness any assistance irt putting his own position, but tins ca"s"e could not be made an opportunity for him to attack other people. At a later stage Witness asked His Honour if it would be proper for.him to refer to three vital matters at least in which tho inspectors' reports were absolutely inaccurate. His Honour said these reports had not been put in. Witness: Can I put them in myself? His Honour: No.