UNUSUAL CASE.

Dominion, Volume 3, Issue 832, 2 June 1910, Page 6

UNUSUAL CASE.

LAYMAN COMBATS THE LAWYERS

SERIOUS ALLEGATIONS,

THE JUDGE ISSUES A WARNING. MORE MAY FOLLOW. Developments took place yesterday in the Supremo Court caso of James Alexander Hannah, boot and shoe manufacturer, of Wellington, versus Charles Nodine, tailor, of Wellington, a case which was commenced before the Chief Justice (Sir Robert Stout) on Tuesday.

Mr. A. Blair Appeared for the plaintiff, but the defendant was not represented by counsel. When a preliminary motion was before Mr. Justice Cooper, Mr. Nodine intimated that he "had no faith in lawyers."

The claim was for the specific performance of an agreement, dated September 15 last, which was drawn up by Andrew Wylie, solicitor, and signed by Eobert Hannah and the defendant. According to the statement of claim the parries bound themselves to sign a lease to be drawn up in accordance with instructions set out in an agreement. The lease was to provide that the defendant, Nodine, should have occupation,' for five years from January 1 last, of premises at 246 Lambton Quay, owned by the plaintiff, the rental to be .£BOO per annum, payable weekly. Plaintiff alleged, in his statement of claim (and evidence was given to the same effect) that, when, the lease was drawn up, defendant Nodine refused to sign it or to take possession of the premises. Several other draft leases were submitted to him, none of which he approved. The claim was for (1) specific performance, and (2) £292 6s. damages for the non-execution of the lease. In his statement of defence, Mr. Nodine referred to the memorandum of lease drawn up as "harsh, objectionable, uncertain, vague, and unspeeific," and he alleged that his stipulations had been ignored, omitted, or altered in the agreement, which he had not read through on signing, and which was not read to him. Defendant's First Point. As soon as the judge had taken his seat on the Bench, Mr. Nodine rose and intimated that he desfred to contradict a statement made by Mr. Blair, and reported in the newspapers, that he (Mr. Nodine) had called at the solicitor's office "every day" to inspect the agreement which had been signed. He had called at the office once to inspect the document himself, while on another occasion he took a witness to see it. His Hononr: You have the right now to say what yon wish. The plaintiff's caso is closed, and you may proceed with your defence. Mr. Nodine: If a falsehood gets a start, it is no good to anyone else. His Honour: I wish you would attend to your own case. Never mind what Mr. Blair said. He said "several times," and you say "only twice"; there is not much difference. Mr. Nodine: But your Honour slid yesterday that I was deceiving the Court, and I want to point out tb*,t there has been misrepresentation on the other side. When the defendant went on to point out alleged differences between the agreement and the drorTlease first drawn his Honour said: Now, Mr. Nodine, it you had- gone to a respectable solicitor, I and asked him to draw up a lease in accordance with' the instructions in the agreement drawn up by Mr. Wylie, the whole thing would have been settled in an hour. "Words" with His Honour. Mr. Nodine proceeded to ask who was responsible for the delay in drawing up a lease, as instructed. His Honour: Ton had better not ask mo at present. It seems very clear. I want to hear your case; I am waiting for your evidence. After further reference had been made to the leases drawn up, his Hononr said to the defendant: If you had come to the. Court and stated that you required a lease in accordance with the instructions, the Court could have settled the lease for you. Do you agree to that now? Mr. Nodine: I want a lease

His Honour: Are you willing Bud Hie Court should settle the lease in accordance with what you have signed? Mr. Nodine: I am willing to take a. lease for ten, fifteen, or twenty-ono TTja HonouT: I am not asking yon that; I am asking yon a plain question. Are you willing to sign a lease drawn up on the instructions you gave? Mr. Nodine: Its terms are too vague and unspecific. His Honour: If you are willing to take a lease on what you have signed, the whole case could be settled in five minutes. ■ Mr. Nodine: But this is the point: I have lost the rent for a term of three months. His Honour: Perhaps you will lose more. Mr. Nodine: Probably I will, tat your Honour has not heard what I have to say. His Honour: If you had been a reasonable man, and said to the Court: "I am willing to carry out a lease in accordance wifh w.hat I have signed. Sone of the terms are indefinite,' and they axe preventing me"; if you had done that, I could have understood your position, but now I don't. ; "You Will Have to Say that on Oath." The defendant remarked that the copy of the agreement received by him differed from the original. After perusing the documents, his Honour said that there was not a syllable of difference in the wording. Mr. Nodine stated here that there was no provision in the agreement when he signed it forbidding him to sublet or assign to anyone engaged in the boot trade. His Honour: You will have to say that j on oath. Mr. Nodine: I say those lines were added after it was signed, and I will say it on oath. His Honour: If you do say it on oath, Mr. Nodine, I tell you before you say it I don't believe you, because the document speaks itself better than any oral testimony. You see the position of the signatures? . Mr. Nodine: That is not my signature. His Honour: Well," I .warn you again; you had bettor not go into,the box and say that. Air. Nodine: I will say it. His Honour: Why didn't you set up in your plea that there was a forged document? " ' Mr. Nodine: It is difficult to do. His Honour: To do what? Mr Nodino: To make such a chaTge as that.. His Honour: You are making it now. I am sorry or you. Mr. Nodine: Your Honour can take «ny steps you like. His Honour: I am not threatening you at present. Mr. Nodine': I say the document is harsh and objectionable. His Honour: I cannot go into that If you signed such a document that is your business, not the Court's. Mr. Nodine: Will your Honour not consider it? His Honour: I may think you are a big fool, but I cannot take notice of it. If you choose, for instance, to payJSOO for'a building worth only £300, that is not the business of the Court. Besides, I see nothing harsh in the leaso, nothing unusual at all. It seems to me to be a very fair lease. I hive signed harsher leases myself. Defendant Enters the Box. For the defence, Abraham White (tailor) and Ruth Robinson (tailor's apprentice) were called as witnesses, and then the defendant himsolf went into the witness-box. After detailing particulars of preliminary interviews with Mr. Hannah, defendant stated that, when instructions were given for the drawing up of tho lease, Sir. Wylio wroto down the particulars Mr. Haunah signed, and he nut his signature directly underneath, adding tho .date, a

His Honour (handing Mr. Nodine the document put in as the original agreement): Is that the paper? Mr. Nodine: No, that is not the paper I signed. His Honour: Is that your signature? Mr. Nodine: I did not sign that paper.. His Honour: Is that your signature? Mr. Nodine: 1 cannot tell. His Honour; Surely you know your own signature? . . Mr. Nodine: I know that is not the paper I signed. His Honour: Is that your signature? Mr. Nodine: Well, your Honour, I say that it is not my ■ signature,, that I did not sign that paper. Comparing Signatures. His Honour (handing the witness a file of correspondence): Aie these letters yours, signed by you? Mr. Nodine: Oh, yes, your Honour. His Honour: Tlien you bad better look at tho "Nodine" in the signatures. Mr. Nodine (after perusing the correspondence, and comparing the signatures with on the agreement): I say it is not my signature, and I did not sign that paper. His Honour (wannly): Allow me to say, Mr. Nodine, whether you go on with your caso or not, that I don't believe you, because I am a judge of handwriting, and I say that the man who signed that Paper also signed those letters. Mr. Nodine: Will you allow me to . iM honour: Ton can say anything you ™ The man who wrote "Nodine" on' those letters wrote "Nodine" on that paper. Compare the letters; the "Hr £ e .?;', th * "•»" the "n," and f? e : lo <* at their formation-it is identical oa both the paper ■ and the More to be Heard About It Mr. Nodine: There are lots of peopSj wno have gone to gaol for forgery. I say, your Honour, that I did not siga that paper. His Hononr: I understand <W WeE, it will not end'here. Mr. Nodine: Although I did eign a paper, this is not the one I signed. The paper was signed in the left-hand corner immediately above the date. The last word on the paper I signed was "tenant" His Honour: Then there was no agree, memt in the document at all? (The refer, ence was to on agreement to sign a lease in accordance with the -instructions con* tained.in the agreement.) Hγ. Nodine •. No, the words ■sere tiot there. . ' ' His Honour: Ton suggest -that both M>, Wylie and Mr. TfaTn*>>> committed pjes* jury? . Mr. Nodine: No. His Honour: You must Mr. Nodine: I say what I know. His Honour: Do you believe that Mr. Wylie and Mr. Hannah both committed perjury? Mr. Nodine: That is not a question fen me. ■ . \ His Honour: I think it is, and it is a most important one. A Signature Repudiated. Mr. Blair asked only one question in cross-examination: Have you the oopy of the agreement which you say you. got from Mr. Wylie? Mr. Nodine: Yes. Mr. Blair: I want to have it Tjut into Court. His Honour (taking the document, and referring to notes on the back): la thai your signature? Mr. Nodine: It is. His Honour: Ton have put these notes on the back: "Called next morning and saw the original. Satisfied two last lines were added after signing it." A you said before that you did not sign it. 1 don't want to hear any more about it I want that document impounded. It Is a very serious matter. I may say thai I have beeu practising for thirty-nine years, and have been connected with the legal profession for forty years, and I havo never seen a case like this in Court before, in which a man repudiates his signature as you have done to-dapr. ~ . Mr. Nodine: I have never seen it myl self. ■ \ 'His Honour: Well, that will do. £ don't want any more about it Have you anything more to say, in evidence, or on the law? Mr. Nodine: I don't see that it is aay, use;" I ' , " ■' '■ >'"' '"' '' His Honour: 'Sou may assume, if you have anything more, to say, that I dost believe your'evidence. . . Mr. Nodine: I am very, sorry :fo hsat you say so. ... ■ - His Honour: Well, I have no doubt about it Assuming that, have yon any questions of law to argue? . Mr. Nodine: If you put it thatwwasy s it is no use. - - His Honour; Very well, that will 65.-. His Honour asked. Mr. Blair how, there came to be a claim f cor back rent in an action for specific performance, and when Mr. Blair said that the plaintiff would withdraw that claim, his Honour remarked that he would reserve his decision, the only point to be inquired inta being whether the agreement was sufficiently specific. Mr. Nodine (having left the box and r*. turned to his table now asked an opportunity to argue the law, and he went on to complain very strongly of the manner in which the lease had -been drawn up. ■ / ' . His Honour: That is not the tray te argue a point of law before me. Mr. Nodine went on to say that the only reason for his having to conduct his own case, was that he had certain, matters to expose. He-Jiad no intention of depriving the lawyers of fees. Defendant Gets Tnue to Think. His Honour intimated that he wouS give his decision on Saturday. "I would only say this, Mr. Nodine/* concluded the Chief Justice, "that t shall not, before Saturday, consider whether I shall direct the police to prose, cute you. I shall give you till Saturday to think over what you said in the witness-box. If yon come on.Saturday, and withdraw the statements, and humbly apologise for having made them, I shall consider whether or not I shll order that proceedings shall be taken against you. If not, I shall certainly order, that pro. ceedings \je taken against you." ,The Court adjourned at 6.30 o'cloot until this morning.