WHO DID IT?

Taranaki Daily News, 1 December 1923, Page 4

WHO DID IT?

SUPREME COURT INCIDENT ALLEGATIONS OF CONTEMPT, By Telegraph—Press Association. EXHIBIT INTERFERED WITH. Events took a startling turn at the Supreme Court at New“ Plymouth yesterday, when an allegation was made that contempt of court had been committed. The atmosphere immediately became electrical. Mr. L. M. Moss, counsel for the plaintiff in the action Priest v. Williams and others (late the Parke’s Carrying Company), was croas-examining Cyril Mackley, an accountant, who had acted as secretary of the company. He was about to question the witness concerning some figures which Priest said he had supplied the defendants concerning his business but which the defendants denied receiving. Obtaining the company’s minute-book from the court, he opened it and asked Mackley to read the figures at the top of the opened p*g e - “What figures?” the witness asked. "The ones at the top,” Mr. Mom replied. “There are no figures there/* Mackley eaid. Mr. Moss took the book and aftei glancing at it, showed, it to his opposing counsel, Mr. J. Houston, of Hawera. "FIGURES HAVE BEEN ERASED.” ‘Tour Honor, I submit there has been contempt of court,” Mr. Moss said tc Mr. Justice Salmond. “The dguret which were in this book this morning have been erased,” He gave hi# per sonal assurance to the court that tbf figures had been in the book, and said that he could call the evidence of twe clerks that they had seen them, while his managing clerk (Mr. A. G. Anderson), who had given evidence in th* case, could say that they had been io the book as late as that morning. He had particularly waited for the opportunity of cross-examining Mackley concerning the entry of the figures which the company had denied receiving. The judge: They were there this morning, you say? Mr. Moss: Yes, Your Honor. The court crier (Mr. W. Southam) said he had seen Mr. A. Coleman, solicitor, of Hawera, inspecting the book during the luncheon adjournment. Mr. Houston was immediately on his feet U aay that he was present the whole time when Mr. Coleman was looking at the book. Mr, Moss: I would not make any allegation against Mr. Colemati. The fact remains, however, that the figures have been removed. I was waiting for this opportunity of asking the questions. His Honor: This has got to be inquired into. Turning to the witness Mackley, His Honor inquired if he knew anything about it. Mackley said he knew absolutely nothing about the matter. He had not known that the figures wore in the book; but would take the assurance of Mr. Moss that they had been there. The judge ordered Mackley to stand down and called Mr. Anderson. "Did you inspect this exhibit recently,” he asked, —Yes. When?—This morning when it was before me in cross-examination. CLERK SAW FIGURES. Did you notice the figures that have been erased? —I cannot state definitely that I saw them this mornings but they were there yesterday afternoon when 1 was in the witness box. He added that when Mr. Houston asked the plaintiff Priest, during cross-examination, what he would say to a denial by Mackley and Burgess (another witness) of the receipt of the figures, he had noticed them in the book. Mr. Houston said he thought in fairness he should be allowed to put Mr. Coleman’s and his own evidence in on the matter. Mr. Moss said he did not impute anything to Mr. Coleman and freely accepted Mr. Houston’s assurance. The judge remarked that the book was in his possession the previous day, while Mr,, Southam interposed that he had >been in the court during the luncheon hour, and, while he had seen Mr. Coleman looking at the botdc, he did not see any sign of an eraser being used. Mr. Moss: With all due respect to the court I suggest that we proceed with the case. Mr. Houston agreed, adding that they had the evidence that the figures had been in the book and that they had been supplied by the plaintiff to the defendants. The subject was not mentioned again during the proceedings.