MAGISTRATE’S COURT.

Hokitika Guardian, 15 November 1917, Page 1

MAGISTRATE’S COURT.

THURSDAY, NOVEMKI'-H 11th. (Before T. Hutchison Ksqb S.M.) ADJOURNED.

Two police cases were adjourned for four weeks, owing to the absence of the prosecuting Constable, being on duty at Kunnnga. UNDEFENDED DEBT.

K. Teiclielmami (Mr Park) v. AY. -A. Williams, claim £ll Os fid.—Judgment by default for plaintiff with costs 37s fid. A DISPUTED DEBT. The further hearing of the claim by Touhcy Bros (Mr Wells) v. Dr Fleming (Mr Park), a claim for £5 for use of a motor cycle and a side, oar to Otira was taken.

This case had been up for hearing on several occasions. There had been a direct conflict of evidence between plaintiff and defendant, plaintiff averring that the doctor had engaged <him to take him to Otira to attend an urgent call, that the day was fine going up, and that it rained at nigld and next day, and the. * defendant stating that he only gone to Otira to try the motor cycle with a view to purchase, that the weather was wet going up and this caused a stay for the night at Ofira, and that he made no professional visit at all. In view of this straight out contradiction counsel for plaintiff had asked for an adjournment to secure, further evidence.

Mr Wells to-day called the following evidence: Thomas Kennedy, secretary of the Charitable Aid Board, deposed that an account from Dr Fleming for a visft on February 26th, stated he was detained all night. It was certified to by the matron.

Mr Park admitted that on February 27th Dr Fleming charged £lO for a professional visit to Otira hospital.

Mary Elizabeth Griffon, of Christchurch Road, deposed on 26th February she remembered Dr Fleming came up in a motor cycle with Mr Toohey. U--came into her house F visit her child This was his second visit. Jt was a beautiful day. Dr Fleming stayed a quarter of an hour. It was on the outward journey 'Otira that he called. Jt rained next day. To Mr Park: It was the 2(i,th .when tlieJsecond visit was made.

Mary Gillespie, matron of Otira Hospital, deposed slu; remembered .the visit of Dr Fleming with Air Toohey. It was a very line day who,, they arrived. and came on a misty rain in the evening. That was the. 26th Fcbrtiaryjjj' Went out in the evening for a ride witn Mr Toohey. Wont towards Kumara. It was fine then. Did not rain till later.

To tlio Court: Dr Fleming got :i change of clothing late at night. That was not because lie was wet through. It was fine when they arrived. Dr Fleming made several professional visits that evening. To Mr Park: She had made a different statement- to what she now said. It was contained in a letter given u> Dr Fleming, which she wished to explain. Dr Fleming had come to Otira about three weeks ago and had asked her to write clown the statement. She had done so, accepting the dates and facts he Intel given, not knowing they were to lie used in the Court. She had not looked up her diary at that time as Dr Fleming was in a hurry to get away. At the time she had a doubt as to the weather being as the Dr had stated. Afterwards she had looked up her diary and looked into the matter and lound it was not correct. The statement she had made to the Court' that, day wa s correct.

lo the Metich : She sent a telephone message to Dr Fleming to dome to Otira, but he had left for Otira before she had sent the message. She had certified to the visit, though the doctor had left Kumara for Otira before he had been notified. Air Park here asked for ail adjournment to enable JVIr Spiers’ evidence to he obtained as to the state of the weather.

The Magistrate stated that there was more than the state of the weather in contradiction. Dr Fleming had stated in his evidence that he did not go to Otira on a professional visit, bdt solely to try the ear. He had made the absolute statement that he did not visit Otira- On the occasion professionally, while it was now admitted that ne charged and was paid £lO for a visit to Otira Hospital, besides making other professional visits. The adjournment asked for by .Mr Park was then granted till next Court day, counsel’s fee £1 Is being allowed to plaintiff.