CLASH IN COURT

Sun (Auckland), Volume II, Issue 511, 14 November 1928, Page 12

CLASH IN COURT

COUNSEL AND MAGISTRATE “NO NEED TO INTERFERE” (From Our Own Correspondent) HAMILTON, Tuesday. A clash between Mr. Wyvern Wilson, S.M., and Mr. E. H. Northcroft occurred in the Magistrate’s Court to-day in the course of the case in which a claim was being made against a firm of dentists. Mr. Northcroft was cross-examining the plaintiff and asked her if she had heard a conversation going on behind her between one of the defendants and a doctor. The magistrate intervened and observed that all witness had said she heard were the words of the dentist addressing the doctor. That, he said, was not a conversation. It might have been the beginning or ending of one. He wanted to see that the witnes was not trapped or misled., Mr. Northcroft: If you think it is my purpose to mislead or trap a witness then I will withdraw from tb« ! case. The magistrate replied that he did | not suggest any such purpose on i counsel’s part. He explained that what witness heard was not a conversation. Mr. Northcroft: Then what need is there for you to interfere? With all respect 1 submit I am entitled to cross-examine the witness in my own way, and if you think it necessary to intervene I will withdraw from yonr worship’s court. The cross-examination theD proceeded. Toward the close of plaintiff's ease Mr. Northcroft asked a question rogarding what had been said to one of the defendants. The magistrate disallowed the question as inadmissible. Counsel requested that a note be taken of the question and ruling. A request for a copy of the magistrate's notes was refused at the present stage by the magistrate. When plaintiff’s case was closed at 5.20 p.m., Mr. Northcroft asked permission to open his case briefly and call two expert witnesses from Auckland, whose continued absence from their business would cause inconvenience to their patients. They had been called to assist the court. The magistrate replied that the lit*’ j gants could put that right with costs. He did not propose to sit any longer and adjourned the case.