A CONJUROR IN COURT.
Some little amusement was caused at the Resident Magistrate’s Court to day in a case in which the ‘ Otago Dai’y Times’ Company sued one W. R. Chapman, “ antispiritist and magician,” for the sum of L 4 9s 6d for advertising Both parties were personally represented.—His Worship (after reading the summons) : That is a noble title, Mr Chapman. (Laughter.) What do you say to the plaint ?—Mr Chapman : I have to ask for an adjournment The summons was served in a disgraceful manner on Friday night, I think between nine and ten, and Saturday being a short day* I had no time to get my defence ready.—His Worship : What do. you mean by a disgraceful manner? That is rather a strong term, is it not ?—Mr Chapman : Then I will explain. During the secondsight business at my entertainment—l don’t know whether your Worship has seen it or not ? (Laughter.)-His Worship: I must admit I have not.—Mr Chapman : 'Well that’s unfortunate. (Renewed laughter.) A. lady sits on the stage and I go down amongst the audience, gather certain articles, and she tells me what they are. A pap:r was handed to me on Friday night, and I asked what it was, and she said first, a legal document, and then a summons, but would not tell the name. I, as a matter of course, had to satisfy the audience, and told them that it was a summons served on me. That is what I call a disgraceful proceeding ? - His Worship ; The serving of the summons in public?—Mr Chapman : The manner in which it was done. officer of the Court served it, but one of the ‘ Times’ Company’s servants,—His Worship : In the day time ?—Mr Chapman : No ; at the performance at night—between a quarter to ten and ten—before the whole audience.—His Worship: Do you reside in Dunedin ?—Mr Chapman: 1 live at the Shamrock Hotel.—His Worship (to the Secretary of the ‘ Times’ Company) : Do you oppose the adjournment ?—Mr Campbell opposed the adjournment; he understood it was Chapman’s last night of performance here ; thej had frequently tried to serve defendant with the summons, and had to take advantage of the time mentioned.—Mr Chapman; 1 was ill; no one came to ray bed-room, and it was ah easy matter to leave the summons.—Mr Bathgate : It is a pity some other means of serving was not taken • this was a very summary way. If an adjournment is granted, what defence would there be to the action ?—Mr Chapman ; I am not the person indebted.—Mr Bathgate : Bnfc you ordered the advertisement.—Mr Chapman : No, air; I did not. I will be back here after going to Invercargill and Queenstown. His Worship; Forty-eight hours’ notice must be given.—Mr Chapman : I say the whole thing should be quashed.—His Worship ; When a plaintiff has reason to believe that a defendant is going to leave the district, he can ask me for a shorter term. This was not asked in this instance. When this is done, time must be allowed for the defence, seeing the summons was served on Saturday night.—Mr Campbell and defendant ; On Friday night.—His Worship ; That gives a different aspect to the matter. I have no power to grant an adjournment (if opposed) if that is the case.— Mr Campbell; If money is paid into Court, then I agree to an adjournment.—His Worship : I cannot take any money ; that would be an admission of the debt,—The case was adjourned till half-past twelve, when, on the case being again called, Mr Macassey, who appeared for Chapman, said his client had
agreed to allow judgment to be giveh by consent, although an arrangement had been made whereby the lessees were to pay for the advertising. His client felt very keenly the mode of service of the summons adopted by the plaintiffs. AMr Harris, with whom Chapman had been connected in the Northern Provinces, had sent a telegram down here about him, and of this he was not at all cognizant. His Worship agreed that the plaintiffs had r-akeu unusually harsh measures in serving the summons before an audience, as they did. Perhaps Mr Campbell wished to say something to allow him to vindicate bis own proceedings in the matter.—Mr Campbell said the summons would not have been served in the way complained of had they been able to get the defendant otherwise. They had called on him several times.—His Worship : You might have waited till the entertamment was over, and then served him. It does really look like harsh proceedings on your part.—Mr Macassey ; It was thought a good joke by the audience, but Mr.Chapman found it very different.—His Worship : This shows that there is something in this medium. (Laughter.) There was no collusion in this instance. The matter then dropped.
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Evening Star, Issue 3516, 1 June 1874, Page 2
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795A CONJUROR IN COURT. Evening Star, Issue 3516, 1 June 1874, Page 2
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