His Own Lawyer.

Timaru Herald, Volume XIIIC, Issue 14221, 11 June 1910, Page 2 (Supplement)

His Own Lawyer.

WITH A .FOOL FOR CLIENT. In a ease heard before the Chief Justice at Wellington last week, much was made of a certain written agreement.

Tho defendant alleged that there were differences in the document put in as the original agreement, and the copy supplied to him at the time. His Honor pointed out that the only differences were that in one names were contracted and in tho other were apelt out. Also tho signature in one was at tho different end of the lino from tho signature, in the other. "To contend that these are differences is childish," his Honor said. The defendant contended that the matter was important. He had called in to see the original document, and it agreed with the copy ha had. The document put in by the plaintiff did not.

His Honor: Then you contend that this is nut the document you signed ? The defendant: Yes, your Honor. His Honor: Then this is not your signature ? The defendant: No.

His Honor: You must make that statement on oath. The defendant: I shall. His Honor: Then you allege that this document is a forgery? The defendant: I do.

His Honor: Well, why did you not make that allegation in your statement of defence ?

The defendant: It is a serious tiling to say.

His Honor: It is. If you say this is a forgery, I am sorry for you. The defendant: Well, I shall say it on oatb.

His Honor: I am not threatening you just now, but I am sorry for you. Go on.

The defendant went on to argue that the agreement was harsh and objectionable.

His Honor: That has nothing to do with the court. If you choose to enter into an agreement you are bound by it.

The defendant: But has not the court power to grant relief? His Honor: If you choose to agree to pay £3OO for something worth £3, I cannot help you. I might think you a big fool, but I could do nothing. You cannot expect the court to make contracts for vou.

Defendant called some witnesses, and then went into the box himself, and told how a paper was drawn up by Mr Wylie and signed, first by the plaintiff Hannah, and then by himself. His Honor (handing tho defendant the document put in as the original): Is this the paper you signed?

The defendant: No. His Honor: Is this your signature? The defendant: It looks like it. Hiss Honor: Is this your signature? The defendant: I cairt sav, your Honor. His Honor: You must know your own signature.

The defendant: Well, I'll say it's not mine.

His Honor: Look at the signatures on these letters which have been put in and compare them with that on the paper.

The defendant made a careful examination of the signatures, and then said. ''l say this is not my signature." His Honor: Well. Mr Nodine, allow me to say that whether you go on with this case or not I don't believe you. I am a, judge of handwriting, and the man who signed these letters also signed this document. You know my opinion on that question. Now you can go on. The defendant: People have gone to gaol before now for forgery. I say I did not sign that paper. His Honor: Very well; go on. This won't end here.

The defendant mentioned several differences between the document in court and the one which he alleged he had signed. He had signed in the left hand corner. The one in court was signed in the right. The one in court also had writing on the back, which was not on the original. His Honor (to the deendant): \ou suggest that both Mr Hannah and Mr Wylie have committed perjury.

Tli.! dcrndanl: X,.. His Honor: They both swore th»» this iras the document von signed. The defondanl ; Thev '.-an Mvrar whuii I hey like. I (is Honor: Mr Xodinie T am ask" iiig you a straight question. Oo you ,say Mr Hannah and Mr Wylie bavai committed perjury? The. defendant: That is not a question for me. Mis Honor: Yes, it is. And a very important question, too. The witness: Oh ! I don't know. His Honor: Very well. You refuse to answer my question. Go on.

The defendant then proceeded, detailing the negotiations which had taken place between himself and Me Hannah. He said that the leases submitted to him had not been in accordance with the document lie had signed* At the request of Mr Blnir, the ' defendant put in the copy of the agreement which lxad been handed to hi* mo:;senger_ by Mr Albert Wylio. As soon as his Honor saw the he drew attention to a note on it ia the defendant's handwriting, "Called to see the original yesterday, and am satisfied the last two lines have been added since it was signed."

"Now," said his Honor, "in the faco of that, do you still say that you never signed this paper?" The defendant: Yea.

His Honor: Well, I have been practising law now for over forty years, and I have never seen a case Like this before. This is n, very serious matter. I have never in all my experienca known a. man to repudiate his signature, as yon have done.

In answer to a question l>y his Honor. Mr Blair said that he did not think he could state any authority to support hi.s claim for back rent. ' He therefore withdrew this portion of the claim.

His Honor asked the defendant' if ha had any argument on law to submit to him. "You can assume," he said, '■that I do not belitve your evidence. I am very sorry to have to say so, and I have never had to say so before in all my experience, even as counsel."

His Honor finally reserved his decision <in the claim for specific performance until Saturday. "I only desire to say this, Mr Nodine," he concluded. "I shalT not before Saturday direct the police to prosecute you for perjury. I give you until Saturday to think over what you have said. If you come be-fore-the court then and withdraw your statements, and humbly apologise' for having made them, I shall consider whether or not I should direct a prosecution."

The defendant: Your Honor His Honor: Not another word. I don't want to hear anything more

On Saturday the case was called on from you until Saturday.

His Honor: Well, Mr Nodine, have you anything to say to the court?

Mr. Nodine: 1 wish to complain to your Honor in tho first place of the unfair way in which the court has treated me. I presume I am allowed to speak to that. His Honor: I dont think so. So far as I know you have a position in the community as a man of respectable character. I believe you have acted under some misapprehenson. Mr. Nodine: Your Honor, in tho first place I protested against the case going on.

His Honor: I am not going to go into that.

Mr. Nodine: As a business man in Wellington well known, I certainly think the remarks from the Bench, which wore published in the newspapers broadcast, were a, reflection on me.

His Honor: No doubt they were a reflection on you. I spoke what I think was true.

Mr. Nodine: You said, your Honor, T was liable to be prosecuted for perjury.

His Honor: Mr. Nodine, I. am not going to have any discussion. I. have already given you an opportunity to discuss the matter. Tt will not go on here; it will go on in another court. Mr. Nodine: Still, your Honor, T ask you as a business man to realise the importance of what was said. His Honor: I can't help that. Mr. Nodine: Still, your Honor, as a judge of equity, you have treated me unfairly.

His Honor: T tell you, Mr. Nodine, I am not going to have anything more; said. If you don't choose to take the course I suggested, I shall proceed with my judgment. After a, pause Mr. Nodine asked if he was allowed to speak on the case itself.

His Honor: No, Mr. Nodine, the ease is closed. If I am wrong in my decision, you have recourse to the Court of Appeal.

Mr. Nodine: Your Honor practically farced this matter.

His Honor: I did nothing of the sort.

Mr. Nodine : Yon did, your Honor. His Honor (decisively): I ask you, Mr. Nodine, do you intend to withdraw what you said in the box? Mr. Nodine: Not at nil. His Honor: Very well then, sit down. Mr. Nodine resumed his seat. < His Honor:: I shall now proceed to give my judgment on the case. The judgment ordered defendant Nodine to sign the lease, to he drawn up in accordance with the agreement to lease which he had signed, and to pav costs as if £BOO had been claimed, with £ls los for second day, and witnesses' expenses.

His Honor said: "If lie does not sum tho lease the court can order the registrar to sign it for him, and then it will be equally binding on him as if he had signed it himself.'' Turning to the defendant at the conclusion of judgment his Honor said—"Now. Mr. Nodine, you will hear about the other matter afterwards. Steps will be duly taken."

Mr. Nodine: I ask when the other cas" is likely to come on. His Honor: I have nothing further to say, Mr. Nodine. That will do.