AMUSING COURT CASE

Dominion, Volume 13, Issue 195, 13 May 1920, Page 8

AMUSING COURT CASE

1 BROTHERS AT LOGGERHEADS SCENE AT UPPER HUTT Two brothers, well known in the TJpper Hutt district, were the principal figures in a case heard at the local sitting of the Magistrate's Court yesterday. These were Alfred and George Southee, who have ventilated grievances in the Courthouse on more than ono occasion. Tlie last time they rjpearcd, George Southee was the complaint and he sought to have Alfrod hound over to keep the peace as a result of his threatening behaviour towards the former's wife. Yesterday tho nositions w.cre reversed, and Alfred proceeded against Ills brother for the recovery of £4, the balance of a debt of £5 which was alleged to have been incurred l).v defendant by t the eale_ of a liorso in exchange for whicli plaintiff was to receive firewood. Plaintiff claimed tlia_t lie had only received £1 worth and no more; Defendant, on the other ' hand, counter-claimed for £5 Is. 6d. for wood supplied. The claims were heard together. Alfrod Soutlieo went into the witnessbox and stated that he had bought tho horse for £4 from a Chinaman, and had immediately exchanged it witlf George Southee for £5 worth of timber. Turning from the Magistrate to his brother, who sat by his counsel (Mr. Webb), plaistiH started to ciueßtion him as to the veracity of this statement. This angered liis relation, who proclaimed in a loud voice that at the time ho did not want to take the "Chinese crock," which had dropped dead shortly after he got it. Constablo La Fevry had to interrupt tho discussion, and the caso proceeded. Plaintiß wished. to ask his brother numerous aueations, but was persuaded to listen to his counsel (Mr. 0. 0. Mazengarb), and to answor him. WMo this examination waa in progress, George Southco tried to tell his troubles to his counsel in a loud whisper, and had to bo prevailed on to keep quiet. The examination elicited the statement that nlaintifl had only received what he described as "two cords of wood, which wero only three-quarters or half a cord each." Defendant thought this hardly in accordance with fact, and proceeded to state so when he wan warned by tho constable to' desist. Alfred was somewhat nettled at the reflations cast on him by his brother, and announced to, all and sundry that a. ccrtain person at the back of tho Court could substantiate what ho said. The Court did not think this necessary, and plaintifl was induced to calm himself. At the conclusion of the cross-examin-ation plaintiff retired and hiß brother took hiß place in the box. When sworn, George Southee, on hearing the words "the whole truth, and nothing but the truth." said he was not going _to tell lies, but' "to speak in a Christian-lilte wai" Witness proceeded to tell the Magistrate, mimicking his brother, who lias.a defect in his speech, what had happened at tlie time he bought the horse. Thereupon plaintiff, who was standing near, assumed an aggressive attitude (.find threatened to deal summarily with witness if ho continued to mimio him. Tho constable intervened and hurried Alfred out of the Court, whilo the Magistrate warned witness that if ho did not speak properly the case would bo stopped. Witness oxpressed tho opinion that tho proceedings were taken against him out of spito, he having had plaintifl bound over to keep the peace. He stated, that Alfred Southeo had had all the ; things enumerated In the statement of claim. At the conclusion of his evidence ho began to refer to his brother, saying: ,r I want, to give you his character," but this ho was not allowed to do. Nevertheless, he managod to express the opinion "that he Bhould bo put away," and only the intervention of the constable prevented another scene. Other evidence having been taken His Worship dismissed both claim and coun-ter-claim.