“BREEZE” IN COURT

Hokitika Guardian, 21 July 1920, Page 1

“BREEZE” IN COURT

CHRISTCHURCH, July 20

A “btreeze” between counsel and ‘magistrate liiprikied the termination of a ease at the Magistrate’s Court yesterday in which John Log it t (Mi Malloy) proceeded against George Anderson and Co., auctioneers (Air Ho ban) to recover £3 los in ‘respect of an overmantel and a clock which was alleged bad been sold below a reserve price put on them by the plaintiff.

The evidence was to the effect that the plaintiff took the goods to the defendants’ auction room and left them with a storeman, who had since left the defendants’ employ. Plaintiff had put a reserve price on the goods. For the defence it was alleged that the goods had been left outside defendant’s rooms by a carrier. They were ticketed up and sold in the usual manner, no reserve having been placed cn them. The Magistrate (Mr S. ©. M’Carfchy, S.M.) held that no evidence had been adduced to contradict plaintiff’s version of the case and entered judgment for him for £3 12s, less £1 16s paid into court. Mr Hoban rose at this stage and addressing the Magistrate said heatedly ■ I take it that your Worship holds against us because we cannot produce tlie storeman who accepted tlie goods ? Then I shall' have to apply for a re-hearing. Mr M’Cnrthy: If you - cannot find the man you have no right to a re-hear-ing. I won’t grant a re-hearing at this stage. It is not the correct thing Mr Hoban: Well it’s a very funny attitude— The Magistrate:. That’s my judgment Mr Hoban. Mr Hoban: Your Worship’s judgment is not infallible, you know. Will you allow me a re-hearing? Mr M’Cartliy: I am not going to do it. If ~ you place the facts before me I will decide. There’s a regular way to do it. Mr Hoban: I have a perfect right Mr M’Cnrthy: Every time I give ,i judgment, Mr Hoban, yon question it. Mr Hoban (heatedly): I beg you: pardon—look at that rabbit case lasr week. Since that I have bad one of my witnesses served with a rabbit notice. Mr M’Cnrthy: You won’t shift m; one iota. Mr Hoban : No, you won’t shift me one iota in my opinion. Mr M’Carthy: Well, 1 won’t grant a re-liearing at this stage. Mr Hoban : Very well, sir, we.’U see about- jt.