HOTHEADED WITNESS

Hokitika Guardian, 18 October 1924, Page 4

HOTHEADED WITNESS

THE .MAGISTRATE’S REPRIMAND CHRISTCHURCH, October 10,

In the .Magistrate’s Court yesterday morning, before Air H. Y. Widdowsoii, S.AL, Frederick John Rail, builder (-Mr Hutchison) proceeded against Alfred .llenry Noall, carrying on business ns A. 11. Noall and Co., land and estate agent, claiming I'd!), balance of money received by defendant on or about July till, 1921, from David TV. .Murray and (or) Hlanebe A. .Murray, for the plaintilf’s use as follows:—To money received by defendant .11100, by cash on account CHI; by balance Cd!). The plaintiff, Rail, in evidence, said that the property had been on the market at the price of flloO. After a consultation with the .Murrays and the salesman employed by A. 11. Noall and Co., the .Murrays decided io have the place, and an agreement was drawn up during which witness stressed the point that he wanted Cl 100 for himself. He had doubts about the business from the beginning, aiid when ...«• salesman told hiiii he expected some commission from witness he told him that would not get a penny front him. Later there was trouble over the commission and the salesman told witness that the property was not worth Cl 100 and said that the sale had better he called off and witness agreed. "Are you telling the truth about evcrvthingf” asked Mr Thomas, in opening his cross-examination. “ I might have made an error onre or Iwice. No mail is in lalliblo.” “Yes and I’m just going to show von that you’re not! Did you not see Walters (the salesmen) last week?”— "Oh! Yes, mi Friday evening and on Sundav evening.”

“Yon talked business, didn't you? What did you say to him? M hat did you call him?"—“l won’t say.” "Yes you will. You are in the C onrt now and I want to lind out what sort of it man you are.”—"l won’t say.” The .Magistrate: Go on. M hat did you say ? “Well, I said he wasn’t a truthful man. I said he wasn’t straight.” Mr Thomas: “No you didn’t. A\ ha I did you call him?”—“Oh, I invited him into my paddock, hut he wasn’t man enough to come ill!” “What did you call him?” demanded Mr Thomas. “I called him a mongrel.” "What else?”—“And a liar, but I didn’t call liiin a •" "Why didn’t you tell us that before?” —“ Well, I didn’t think language like that was allowed here.” "Oh! Aren’t you rather hot-head-ed?" asked counsel. " I lose my temper a hit, hut I'm all right.” After furlher sharp questions and heated admissions witness characterised a certain suggestion put forward by Mr Thomas as a lie.” “That was an absolute lie.”

“Don’t let ns have any more of your • lies’ here,” said the .Magistrate. “ Don’t let me speak to you again about that.” Continuing witness said that he was suspicious from the beginning about the business. Thomas Rail, brother ol the plaintill', gave evidence on lines similar to that of his brother. Cross examined hy Mr Thomas witness denied that lie had ever tlircaleiied "to crock Walters” as Mr Thomas suggested. "I did. I diil,” sang out the plaintill happily from the hack of the Court. The verbal battle cmiliimed ami the echoes deafened the Magistrate, who was heard to declare heartily: "I'll say that you tan brothel's are good at talking.” "Yes, your honour!” nun inured witness. Mr Thomas asked witness where he was alien the conversation about the sale of the home look place between the .Murrays, Mailers and Rail. "I was in the next room," said wit ness. "I suggest that you were at a keyhole ” said counsel. Witness said that the parties talked very loud and it was easy to hear them all over the house. "Well your hmthei’s no cooing dove anyway," Mr Thomas remarked. David M'illiam Murray, who with his wife purchased the properly from Rail through the laud agent, also gave evidence. Judgment was given for the defendant, with costs.