LAW REPORTS

Dominion, Volume 9, Issue 2597, 20 October 1915, Page 9

LAW REPORTS

COURT OF APPEAL

CASE OP W. G. SOMERVILLE

STRUCK OFF THE ROLL

The case of W. G. Somerville, barris-1 ter and solicitor, of Taumapunui, was dealt with by'the Court of Appeal yesterday, when the Bench comprised their Honours Mr. Justice Denniston, Mr. Justice Cooper, and Mr. Justice Chapman. The New Zealand Law Society had applied to have Somerville struck off tho rolls on the ground that he had been convicted of illegally importing liquor into a proclaimed area, and the defence was that tho Magistrate had given his decision against tbe weight of evidence. Mr. A. Gray, K.G., with him Mr. D. R. Hoggard, appeared for fho Law Society, while Mr. M. Myers appeared for Somerville. Mr. Justice Denniston, in giving judgment yesterday, said tliat the Magistrate had recorded tho conviction on a very clear case, which had been made out of a fraudulent transaction, assisted by a scheme of fraudulent writings. Further, the Magistrate had properly warned l a witness for the defence, a woman, of the risk she ran in going into the witness-box and thereby taking a share in the transaction. The result was an adjournment of the case and a consultation between tlie defendant's counselj the witness, a;id the defendant, following which consultation the client practically submitted to the Magistrate's conclusion,' and declined to go into the witness-box. The defendant now based his case largely upon the ground that his declining to go into tho witness-box and declining to submit his witness for cross-examination was caused by tho Magistrate practically bullying the witness. He made a very ill-advised attack on the Magistrate, and, feeling tho damnatory nafcuro of the Magistrate's statement, he took the? same line before this Court. His attention was drawn to certain matters requiring explanation, and he was invited to supply tho explanation -by an affidavit. When 'his counsel's attention was particularly drawn to certain of those matters the respondent adopted the same 'course, as when before the Magistrate, and practically declined to go into the witness-box. Mr. Myers appeared to His Honour to have very properly adopted the courso that counsel for tlie defendant too>k before tho Magistrate. His Honour was satisfied that Somerville. had' been guilty of conduct of a discreditable character, and that his conduct in supporting the transaction showed that he was unfit for the ofiice of solicitor. Mr. Justico' Cooper and Sir. Justice Cliapman agreod with tlie view taken by tho President' of the Court. A rule absolute was made, striking Somerville off tlio rolls. The Law Society was awarded 30 guineas costs.

' A CORPORATION CONTRACT. The appeal case, Wellington City Council, appellants, and llichardson, M'Cabe and Co., respondents, was commenced before their Honours Mr. Justice Denniston, Mr. Justice Inwards, Mr. Justice Cooper, and -Mr. Justice Chapman. Mr, A. Gray, K• 0., with him Mr. J. O'Sliea, City Solicitor, appeared for the Corporation, wliilo Mr. C. P. Skerrstt, K.C., with him Mr. T. young, appeared for- the respondent company. , , \ The facts of the case are well known; Richardson, M'Cabe and Co., Ltd., had contracted to supply three motor buses to tho Corporation for £3945 and tlie Corporation repudiated tho contract, on the ground of misrepresentation. Preliminary points of law in the case brought by the firm against the Corporation, questioning the validity or the contract, were recently argued before his Honour tli© Chier Justice, (bir Robert Stout), whose judgment was against the Corporation. Against that judgment tho Corporation now appeals. Argument had not concluded at 4.dU p m., and the case will bo resumed at half-past 10 o'clock this morning.